Reproductive and Modern Family Law – website page
IVF
In-vitro fertilisation (IVF) involves fertilising an egg with sperm outside the body, with the resulting embryo then transferred to the uterus. IVF can support a variety of paths to parenthood, including surrogacy and donor arrangements.
We assist clients with the legal aspects of IVF treatment, including consent, donor agreements and ensuring compliance with Victorian reproductive laws. Whether you are navigating treatment independently, with a partner, or through a third party, we can provide guidance tailored to your circumstances.
Surrogacy
With the growing number of individuals and couples seeking to start or expand their families through surrogacy, navigating the legal complexities involved has become more important than ever.
In Victoria, only altruistic surrogacy is permitted. This means that while a surrogate can be reimbursed for reasonable expenses incurred during the pregnancy, they cannot receive payment for the service itself. Commercial surrogacy arrangements, where a surrogate or third party is paid beyond expenses, are strictly prohibited by law.
A key legal step in surrogacy is obtaining a substitute parentage order, which transfers legal parentage from the surrogate (and her partner, if applicable) to the intended parents. At birth, the surrogate is recorded as the legal parent, regardless of the intended parents’ gender or relationship. These orders are only available for altruistic arrangements that meet specific legal criteria.
Our team is well-versed in preparing and advising on the necessary documentation to support these applications, ensuring all legal requirements are met, and the process is as smooth as possible.
At our firm, we provide clear, compassionate, and practical legal guidance to help clients understand their rights and obligations at every stage of the surrogacy process, whether in Australia or internationally.
Post-humous IVF
Posthumous IVF involves the use of a deceased person’s eggs or sperm to conceive a child. This is legally possible in Victoria, but the process is strictly regulated and must meet several legal requirements.
Given the time-sensitive and complex nature of these cases, early legal advice is essential.
Donor Agreements
Donor agreements outline the intentions of all parties in a donor conception, including the donor’s role and their relationship with the child. While not legally binding in Australia, these agreements can serve as evidence in court if a dispute arises, and are important for clarifying intentions of both donors and parents.
We assist clients with drafting and reviewing donor agreements and provide advice on managing relationships that align with long-term parenting intentions and legal obligations.
Blogs
To read more about these topics, please see some of our blogs below
What happens to the embryos if a couple undertaking IVF separate?
The Legal Prohibition of Commercial Surrogacy – Lloyd & Compton [2025] FedCFamC1F 28
Surrogacy arrangements excluded from Medicare
Victoria Launches Australia’s First Public Egg and Sperm Bank
