Paying for the surrogate’s reasonable costs

We’ve previously written that you should avoid giving gifts to your surrogate – this is to avoid running foul of the Surrogacy Act 2010 (NSW). The Surrogacy Act 2010 says that any surrogacy arrangement that involves giving the surrogate a fee, reward or other material benefit or advantage other than the surrogate’s reasonable surrogacy costs.

This is further defined in Section 7 of the Act. In summary though, these are costs of the surrogate:

  • In trying to become pregnant, including any medical costs, or travel and accommodation costs;
  • During the pregnancy, including pre-natal and post-natal medical costs, travel and accommodation costs, additional health or life insurance obtained by the surrogate (that the surrogate wouldn’t have gotten if she wasn’t pregnant), reasonable costs incurred with respect to the child, or the surrogate’s unpaid leave for up to 2 months.
  • In relation to legal advice, counselling, or being involved in court proceeding

These costs must be provable, and the surrogate (or the intended parents) must have receipts for all these costs.

Because of this, you must be very careful when dealing with reimbursing or paying any amount of money to your surrogate. If you are planning to give something or do something for your surrogate that goes beyond what she needs for medical, travel, legal, or counselling costs, before you do this, you must seek legal advice from your solicitor.

Failure to do so might result in a delays with your application, or in the worst case scenario, a failed application and criminal charges.

It’s sometimes a bit of a minefield when dealing with surrogacy – fortunately we can certainly assist with helping you run through the gauntlet. Give us a call if you need any help.