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Surrogacy Act 2012
9Meaning of birth mother's surrogacy costs
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### 9 Meaning of birth mother's surrogacy costs
> > (1) In this section –
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> > > ***legal cost*** includes fees for obtaining legal advice and legal representation, court fees, and registry fees associated with registration of a birth and transfer of parentage;
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> > > ***medical cost*** means a medical cost to the extent that it is not recoverable under Medicare or any health insurance or other scheme.
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> > (2) A ***birth mother's surrogacy costs*** are the birth mother's reasonable costs associated with any of the following matters in relation to a surrogacy arrangement to which the birth mother is a party:
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> > > > (a) becoming, or trying to become, pregnant;
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> > > > (b) a pregnancy or birth;
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> > > > (c) the birth mother and the birth mother's spouse, if any, being a party to the surrogacy arrangement or proceedings in relation to the obtaining of a parentage order or a parentage order that has been obtained.
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> > (3) Without limiting [subsection (2)](#GS9@Gs2@EN) , the following amounts are a birth mother's surrogacy costs in relation to a surrogacy arrangement to which the birth mother is a party:
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> > > > (a) a reasonable medical cost, for the birth mother, associated with any of the matters mentioned in [subsection (2)](#GS9@Gs2@EN) ;
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> > > > (b) a reasonable cost, including a reasonable medical cost, for a child born as a result of the surrogacy arrangement;
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> > > > (c) a premium payable for health, disability or life insurance that would not have been obtained by the birth mother if the surrogacy arrangement had not been entered into;
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> > > > (d) a reasonable cost of counselling associated with any of the matters mentioned in [subsection (2)](#GS9@Gs2@EN) , including the cost of counselling, in relation to the surrogacy arrangement, obtained by the birth mother or the birth mother's spouse, if any;
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> > > > (e) a reasonable legal cost for the birth mother and the birth mother's spouse, if any, relating to the surrogacy arrangement, the obtaining of a parentage order or a parentage order that has been obtained;
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> > > > (f) the value of the birth mother's actual lost earnings because of leave taken –
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> > > > > > (i) for a period of not more than 2 months during which a birth happened or was expected to happen; or
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> > > > > > (ii) for any other period during or after the pregnancy when the birth mother was unable to work on medical grounds associated with the pregnancy or the end of a pregnancy;
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> > > > (g) travel and accommodation costs associated with the surrogacy arrangement;
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> > > > (h) another reasonable cost associated with the surrogacy arrangement, the obtaining of a parentage order or a parentage order that has been obtained.