In recent years, we have seen an increase in people wanting to start families through surrogacy.
Surrogacy can take many forms. It involves a woman (the surrogate) carrying an embryo to full term on behalf of another person or persons (the intended parent or parents). Upon the birth of the child, parental responsibility for the child may then be transferred to the intended parent or parents.
Surrogacy can be altruistic, that is where there is no payment for service but reimbursement for all reasonable expenses incurred throughout the course of the pregnancy. Altruistic surrogacy is legal in all states of Australia.
Commercial surrogacy, where a surrogate or third party receives a payment for service, is not legal in Victoria.
We have experience in advising clients in relation to their rights, obligations and entitlements in relation to both altruistic and commercial surrogacy arrangements both here in Australia and overseas.
If you are thinking of starting or growing your family though a surrogacy arrangement, please do not hesitate to contact us to discuss your journey.
National Symposium on Cross-Border Surrogacy
On 12 December 2018 Managing Partner Sally Nicholes was on the panel at the National Symposium on Cross-Border Surrogacy in Canberra. The event was chaired by The Hon Alastair Nicholson AO RFD QC.
Sally spoke about the right of every child to know their identity, explaining that “the right of the child needs to be the predominant right.” In particular, the panel discussed the need for uniform surrogacy laws throughout Australia.