Advertising and expenses - donor assisted conception and surrogacy

It is an offence to give or offer valuable consideration (an inducement, discount, payment or priority) to another person for:

• the supply of human eggs, sperm or embryos
• entering into a surrogacy arrangement.

It is also an offence to receive or seek to receive valuable consideration for introducing (or agreeing to introduce) people who might enter into a surrogacy arrangement.

Valuable consideration doesn't include:

• reasonable expenses relating to the collection, storage or transport of the human eggs, sperm or embryos;
• reasonable expenses in a surrogacy arrangement relating to achieving pregnancy or birth, or assessment or advice on the surrogacy arrangement.

During a surrogacy arrangement, a reasonable expense can be:

• a medical expense not recoverable under health insurance;
• the value of foregone earnings relating to:
  • the birth (2 month maximum);
  • other medical reasons;
• psychological counselling fees; or
• health, disability or life insurance fees associated with the surrogacy arrangement.

Licensed fertility providers are required to ensure that they do not receive commercially donated gametes (sperm or eggs) or embryos for storage or use in an assisted reproductive technology procedure. Licensees must undertake due diligence to confirm that only reasonable expenses have been reimbursed.