Alturistic Surrogates shouldn't be left out of pocket!
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I'm asking the Victorian Minister for Health to amend the Victorian Assisted Rreproductive Treatment Act 2008 to ensure that Gestational Surrogates are not left out of pocket for reasonable expenses while undertaking the selfless gift of Surrogacy.
Currently the Act supports Intended Parents to reimburse their Surrogate for out of pocket expenses directly related to the surrogacy if they choose too but it is not enforceable due to the use of the phrase "does not prevent" 44 (2). This term is permissive but not enforceable, see below.
"ASSISTED REPRODUCTIVE TREATMENT ACT 2008 (NO. 76 OF 2008) - SECT 44
Surrogacy costs (1) A surrogate mother must not receive any material benefit or advantage as a result of a surrogacy arrangement.
Penalty: 240 penalty units or 2 years imprisonment or both.
(2) Subsection (1) does not prevent a surrogate mother being reimbursed for the prescribed costs actually incurred by the surrogate mother as a direct consequence of entering into the surrogacy arrangement.
(3) To the extent that a surrogacy arrangement provides for a matter other than the reimbursement for costs actually incurred by the surrogate mother the arrangement is void and unenforceable."
I personally was left $4500 out of pocket for my legal costs to have the child's birth certificate reissued as is normal during the surrogacy process. $2000 of this has since been paid but I am still $2500 out of pocket with no legal backing. The legal department for the office of The Victorian Minister for Health have told me that they do not believe there is anything wrong with the Act and have informed me that Surrogacy is alturistic and thus my situation is acceptable.
Please consider helping to prevent further cases like mine by signing this petition.
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