A surrogate mother qualifies as a "birth mother" under the act. As a result, surrogate mothers ''are'' presumed to be the parents of their children under sections 26 and 27 of the ''[[Family Law Act]]'', the opposite of the presumption that applies to people who donate sperm or eggs. However, a surrogate mother will ''not'' be a parent if the intended parents and the surrogate mother sign a written assisted reproduction agreement before the child is conceived that says that the surrogate mother will not be a parent.