Western Australia
Western Australia
Western Australia
Surrogacy Act 2008The Parliament of Western Australia enacts as follows:
This is the
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
In this Act, unless the contrary intention appears —
This Part deals with the status of surrogacy arrangements and prohibits certain surrogacy arrangements and certain things to do with surrogacy arrangements.
In this Part, unless the contrary intention appears —
(1) This Part refers to a surrogacy arrangement as being for reward if the arrangement provides for any person to receive any payment or valuable consideration other than for reasonable expenses associated with —
(a) the pregnancy or the birth; or
(b) any assessment or expert advice in connection with the arrangement.
(2) Reasonable expenses associated with achieving, or attempting to achieve, the pregnancy are reasonable expenses associated with the pregnancy.
(3) An expense is a reasonable expense for the purposes of subsection (1)(a) to the extent only that it is —
(a) a reasonable medical expense that is not recoverable under any health insurance or other scheme; or
(b) the value of earnings foregone because of leave taken —
(i) for a period of not more than 2 months during which the birth occurs or was expected to occur; or
(ii) at any other time for medical reasons arising during the pregnancy;
or
(c) a reasonable expense of psychological counselling; or
(d) a premium payable for health, disability or life insurance…