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
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