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.