1.1.S.100 Surrogacy arrangement

Definition

A birth mother who relinquishes a child born out of a surrogacy arrangement may be eligible to receive PLP for up to 18 weeks for the purpose of maternal recovery. The mother can receive a PPL period up to 12 weeks and 30 flexible PPL days which must be taken within 18 weeks of the date of birth.

A person who is the primary carer of a child born because of a surrogacy arrangement may be able to claim PLP if:

  • the child is in the care of the person and has been, or is likely to be, in that care for a continuous period of at least 26 weeks
  • the person became the child's primary carer before the child's first birthday, and
  • Centrelink is satisfied on reasonable grounds that it is in the interests of the child for the person to care for the child, taking into account whether the person intends to be the child's long term primary carer, whether the birth mother has relinquished care of the child, and any other matter Centrelink thinks relevant.

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 2.2.1 PLP eligibility overview

Last reviewed: 10 May 2021