The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.S.100 Surrogacy arrangement

Definition

A person who is a gaining parent of a child born because of a surrogacy arrangement may be able to claim PLP (2.6.3).

Matters to consider when working out whether a child was born because of a surrogacy arrangement include:

  • whether the child was born as a result of a surrogacy arrangement that meets the requirements of the law of a state or territory that applies in relation to the surrogacy arrangement, and
  • whether a court has made an order under a law of a state or territory prescribed under section 60HB of the Family Law Act 1975 relating to who is a parent of the child.

Act reference: PPL Rules Part 2 Division 2—Matters relating to when a person is eligible for PLP, Part 3 Division 2—Claims for PLP

Family Law Act 1975

Policy reference: PPL Guide 2.1 PLP eligibility overview, 2.5.3 Person no longer caring for a child – PLP remains payable, 2.6.3 PPL claimant in exceptional circumstances - gaining parent in a surrogacy arrangement, 2.9 Maximum PLP entitlements

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