What is a ‘surrogacy arrangement’?

Section 5 of the Surrogacy Act

Section 5 of the Surrogacy Act provides that a “surrogacy arrangement” means:

  1. an arrangement under which a woman agrees to become or to try to become pregnant with a child, and that the parentage of the child born as a result of the pregnancy is to be transferred to another person or persons (a “pre-conception surrogacy arrangement”), or
  2. an arrangement under which a pregnant woman agrees that the parentage of a child born as a result of the pregnancy is to be transferred to another person or persons (a “post-conception surrogacy arrangement”).

Section 5 of the Surrogacy Act provides that the ‘birth mother’ is the woman who agrees to become pregnant or to try to become pregnant with a child, or is pregnant with a child, under the surrogacy arrangement; and an ‘intended parent’ is a person to whom it is agreed the parentage of a child is to be transferred under a surrogacy arrangement.

For more information, see Section 36 of the Surrogacy Act.

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