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 in relation to the child within 6 months after the child is born;

(ii) no intended parent has made an application under section 20 in relation to the child within 6 months after the commencement of Division 2 of Part 4 ;

(iii) all applications made under section 13 or section 20 in relation to the child have been withdrawn;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) , 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