Surrogacy, Medicare and Centrelink

Big questions for birth parents and intended parents – who is eligible for Centrelink’s Paid Parental Leave, and will the parents be able to access Medicare benefits for the baby? As with all things bureaucratic, there are as many different answers to those questions as there are bureaucrats.

Medicare

In usual circumstances, parents can apply for their new baby to be placed on their Medicare card from birth. In surrogacy,  the baby will sometimes end up listed on the birth parents’ Medicare card. Other intended parents have had no difficulty having the baby listed on their own Medicare card, and in some cases Medicare has determined to give the baby their own card.  Medicare usually lists a baby on the parents’ card based on who is listed as the child’s parents on their Birth Certificate, so surrogacy can cause some confusion for Medicare staff and the parties all at once.

The intended parents should have no difficulty listing baby on their Medicare card once the Parentage Order has been processed and they are listed on the Birth Certificate. My advice, if you are wondering what to do, is for the birth and intended parents to visit a Medicare office together, and seek that the baby be listed on the intended parent’s Medicare card. If the staff are not willing to do that, then it might be worth waiting to get the Parentage Order before trying again.

Paid Parental Leave

Fun fact: surrogates can apply for Centrelink’s Paid Parental Leave Scheme. And intended parents, with primary care of the child, can also apply for Paid Parental Leave. Unfortunately, because surrogacy is not common in Australia, most Centrelink staff will not be aware of their own policy and may determine that the surrogate cannot access PPL. However, Centrelink’s own policy directs that the surrogate can apply for PPL, and most surrogates I have had contact with have been granted the benefit. My advice, again – the birth parents should attend Centrelink with the intended parents to apply in person. If the staff are not familiar with the policy, then insist on speaking with someone who knows more about it. If you are refused the benefit and think you are eligible, then appeal the decision.

Having trouble with the bureaucrats? Get in touch and see if I can help out.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I advocate for positive, best practice surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

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