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)](#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: > > > > > > (a) a reasonable medical cost, for the birth mother, associated with any of the matters mentioned in [subsection (2)](#GS9@Gs2@EN) ; > > > > > > > (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)](#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; > > > > > > > (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; > > > > > > > (f) the value of the birth mother's actual lost earnings because of leave taken – > > > > > > > > > > (i) for a period of not more than 2 months during which a birth happened or was expected to happen; or > > > > > > > > > > > (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; > > > > > > > (g) travel and accommodation costs associated with the surrogacy arrangement; > > > > > > > (h) another reasonable cost associated with the surrogacy arrangement, the obtaining of a parentage order or a parentage order that has been obtained.