9Meaning of birth mother's surrogacy costs

9 Meaning of birth mother's surrogacy costs

(1)  In this section –

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;

medical cost means a medical cost to the extent that it is not recoverable under Medicare or any health insurance or other scheme.

(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:

(a) becoming, or trying to become, pregnant;

(b) a pregnancy or birth;

(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.

(3)  Without limiting subsection (2) , the following amounts are a birth mother's surrogacy costs in relation to a surrogacy arrangement to which the birth mother is a party:

(a) a reasonable medical cost, for the birth mother, associated with any of the matters mentioned in subsection (2) ;

(b) a reasonable cost, including a reasonable medical cost, for a child born as a result of the surrogacy arrangement;

(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;

(d) a reasonable cost of counselling associated with any of the matters mentioned in subsection (2) , including the cost of counselling, in relation to the surrogacy arrangement, obtained by the birth mother or the birth mother's spouse, if any;

(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;