Our Surrogacy Family Lawyers Can Help
Surrogacy is a complex issue with many legal and ethical implications. It is on the increase in Australia, but agreements can be legally, medically and emotionally complex.
To ensure your path to creating a family is as seamless as possible, we recommend the following surrogacy considerations:
- Any agreement reached is in writing;
- The agreement is executed and entered into prior to the pregnancy occurring;
- All relevant parties obtain counselling from a certified counsellor both prior to the pregnancy occurring and after the birth but prior to the parentage transfer taking place;
- All parties obtain independent legal advice; and
- A report is obtained from the certified counsellor providing explicit approval of the parentage transfer.
Surrogacy – What are the options?
If you are unable to conceive or give birth, there are several actions that you can take to become a parent. These include adoption and surrogacy.
Is adoption a surrogacy?
No, adoption is not a surrogacy. Surrogacy is a process where a woman agrees to carry a child for another person or couple. The intended parents provide the surrogate with the egg or sperm, and the surrogate carries the pregnancy to term. The intended parents then become the legal parents of the child.
Adoption is a process where a child is legally transferred from their biological parents to another set of parents. The adoptive parents become the legal parents of the child, and the biological parent’s parental rights are terminated.
What is the process of surrogacy?
The process of surrogacy can vary depending on the specific circumstances, but there are some general steps involved.
- The intended parents find a surrogate. This can be done through a surrogacy agency or through personal connections.
- The intended parents and the surrogate meet and discuss the surrogacy arrangement. They will need to agree on the terms of the arrangement, such as who will provide the egg or sperm, who will pay for the surrogacy, the birth plan and what will happen if the surrogate becomes pregnant with twins or triplets.
- The surrogate undergoes fertility treatment to become pregnant. This may involve in vitro fertilisation (IVF) or artificial insemination.
- The surrogate carries the pregnancy to term.
- The intended parents become the legal parents of the child after birth.
Is surrogacy both parents?
Surrogacy can be both parents or one parent. In traditional surrogacy, the surrogate is also the biological mother of the child. In gestational surrogacy, the surrogate is not the biological mother of the child. The intended parents’ egg or sperm is used to create the embryo, which is then implanted in the surrogate’s uterus.
Is surrogacy booming in Australia despite legal issues?
Yes, surrogacy is booming in Australia despite legal issues. In Australia, only altruistic surrogacy is legal. This means that the surrogate cannot be paid for her services, except for reasonable expenses related to the pregnancy and birth (surrogacy costs).
Despite the legal restrictions, there is a growing demand for surrogacy in Australia. This is due to a number of factors, including the rising cost of IVF, the increasing number of same-sex couples who want to have children, and the increasing number of women who are unable to carry a pregnancy to term.
The legal issues surrounding surrogacy in Australia are complex and constantly evolving. However, the demand for surrogacy is likely to continue to grow, and it is possible that the legal restrictions will be relaxed in the future.
Contact Us for Legal Advice
If you have concerns about a child surrogacy matter, you need to speak with one of our experienced Family Lawyers in Toowoomba.