Surrogacy

In Australia, some people turn to surrogacy as a way to create a family.

Surrogacy is an arrangement for a woman to give birth to a child for another person, or couple, with the intention of giving that child to that person, or couple, once the child is born. Surrogacy arrangements can be commercial or altruistic.

Surrogacy in Australia

The laws regulating surrogacy across Australia are different in each state. However, there are some general rules which may assist people who are considering surrogacy to understand what laws apply to where they reside. These include legalities around the age of a surrogate, medical and/or social requirements for person/s seeking a surrogate and relationship status.

It is illegal to enter into a commercial surrogacy agreement anywhere in Australia.

Surrogacy options overseas

The laws are more complicated when considering overseas surrogacy.

When considering whether to enter into an overseas surrogacy arrangement, especially a commercial one (permissible in some countries outside of Australia), legal advice should be obtained as it relates to your home state or territory and in the country where the surrogate lives.

Different countries have different laws regulating who may obtain citizenship. It is important to consider what citizenship a child will have upon birth and how the intended parents plan to bring the child to Australia.

Children born to Australians overseas are not automatically Australian citizens and certain requirements must be fulfilled when making an application.

Parentage Orders and other legal considerations

In addition, thought must be given to Parentage Orders and any pre-conditions that need to be met in order for them to be made.

Parentage Orders are Court orders to amend the birth certificate of a child to show the intended parents of a surrogacy agreement as the child’s parents. Time limitations apply for seeking a Parentage Order. These differ from state to state.

If you are considering entering into a surrogacy arrangement in Australia or overseas, please call Coleman Greig Lawyers for assistance. We can help you navigate the many complex laws and processes that apply so that you can enjoy the process of creating a family without encountering too many problems.