Surrogacy Act 2008 (WA)

Western Australia

Western Australia

Surrogacy Act 2008

No. 47 of 2008

An Act about arrangements for surrogate births and children born under those arrangements and for related purposes, and to make related amendments to —

the Births, Deaths and Marriages Registration Act 1998; and

the Children and Community Services Act 2004; and

the Family Court Act 1997; and

the Guardianship and Administration Act 1990; and

the Human Reproductive Technology Act 1991; and

the Interpretation Act 1984.

The Parliament of Western Australia enacts as follows:

This is the Surrogacy Act 2008.

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 —

surrogacy arrangement means an arrangement for a woman (the birth mother) to seek to become pregnant and give birth to a child and for a person or persons other than the birth mother (the arranged parent or arranged parents) to raise the child, but the term does not include an arrangement entered into after the birth mother becomes pregnant unless it is in variation of a surrogacy arrangement involving the same parties.

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 —

surrogacy arrangement that is for reward has the meaning given in section 6.

• (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…