10Enforcement

### 10 Enforcement > > (1)  A surrogacy arrangement is not enforceable. > > > (2)  However, an obligation under a surrogacy arrangement to pay or reimburse the birth mother's surrogacy costs is enforceable if – > > > > > > (a) the birth mother has tried to become pregnant for the purposes of the surrogacy arrangement, but no child is born as a result of the surrogacy arrangement; or > > > > > > > (b) the birth mother has become pregnant for the purposes of the surrogacy arrangement but the pregnancy ceases for a relevant reason; or > > > > > > > (c) a child is born as a result of the surrogacy arrangement, unless – > > > > > > > > > > (i) the birth parent or birth parents have not consented to the making of a parentage order in relation to the child; or > > > > > > > > > > > (ii) no parentage order is made in relation to the child without the consent of the birth parent or birth parents; or > > > > > > > (d) a child is born as a result of the surrogacy arrangement and any of the following has occurred: > > > > > > > > > > (i) no intended parent has made an application under [section 13](#GS13@EN) in relation to the child within 6 months after the child is born; > > > > > > > > > > > (ii) no intended parent has made an application under [section 20](#GS20@EN) in relation to the child within 6 months after the commencement of [Division 2](#HP4@HD2@EN) of [Part 4](#HP4@EN) ; > > > > > > > > > > > (iii) all applications made under [section 13](#GS13@EN) or [section 20](#GS20@EN) in relation to the child have been withdrawn; > > > > > > > > > > > (iv) no intended parent consents to the making of a parentage order in respect of the child. > > > (3)  For the purposes of [subsection (2)(b)](#GS10@Gs2@Hpb@EN) , a birth mother's pregnancy ceases for a relevant reason only if – > > > > > > (a) the pregnancy has miscarried; or > > > > > > > (b) the pregnancy is terminated because – > > > > > > > > > > (i) the birth mother was unlikely to survive the pregnancy or a birth arising from the pregnancy; or > > > > > > > > > > > (ii) the health of the birth mother was likely to be significantly affected by the pregnancy or a birth arising from the pregnancy; or > > > > > > > (c) the pregnancy is terminated because – > > > > > > > > > > (i) the child was likely to be affected by a genetic condition or genetic disorder; or > > > > > > > > > > > (ii) the child was unlikely to survive the pregnancy or its birth; or > > > > > > > > > > > (iii) the health of the child was likely to be significantly affected by the pregnancy or birth.