5Meaning of surrogacy arrangement, birth mother and intended parent

### 5 Meaning of surrogacy arrangement, birth mother and intended parent > > (1)  In this Act, a ***surrogacy arrangement*** is an arrangement for – > > > > > > (a) a female person (the ***birth mother***) to seek to become pregnant and give birth to a child; and > > > > > > > (b) the child to be treated as the child of a person or persons other than the birth mother (the ***intended parent*** or ***intended parents***). > > > (2)  The birth mother and the intended parent or intended parents in relation to a child must be parties to a surrogacy arrangement in relation to the child. > > > (3)  There may be other parties to a surrogacy arrangement, for example, a birth mother's spouse. > > > (4)  Also, there may be other matters dealt with in a surrogacy arrangement. > > > (5)  To remove any doubt, it is declared that a surrogacy arrangement – > > > > > > (a) does not include an arrangement made after the birth mother becomes pregnant; but > > > > > > > (b) may include a variation, made after the birth mother becomes pregnant, of an obligation under the arrangement to pay or reimburse the birth mother's surrogacy costs. > > > (6)  A surrogacy arrangement may be made orally or in writing.