Hi! I’m Sarah Jefford, an IVF Mum, egg donor, surrogate and family and surrogacy lawyer.
Welcome to the Surrogacy and Donor Conception Blog, with posts about surrogacy, donor conception, laws, news items, and my personal experiences as a donor and surrogate. You can scroll through the posts, search by category or keyword below.
Surrogacy in Australia – an Overview
Surrogacy within Australia is regulated in each State, which means there are no uniform laws that cover surrogacy across the country. Surrogacy laws in all States follow the same basic principles: The Intended Parents must not be able [...]
The Surrogacy Process in Australia
These steps are generally followed for surrogacy arrangements facilitated by a clinic. For traditional surrogacy arrangements not utilising a clinic, parties need to obtain counselling and legal advice prior to conception. Note that the laws vary from State [...]
Do I Qualify for Surrogacy in Australia?
Do I qualify for surrogacy in Australia? The first step when determining whether, as an intended parent, you qualify for surrogacy in Australia, is to work out which laws apply to you. The laws of the State where [...]
So You Want to Be a Surrogate?
So you want to be a surrogate? I remember when I first considered becoming a surrogate - searching everywhere for information and ending up down many an internet rabbit hole. I was excited and nervous; my husband was [...]
How Do I Find a Surrogate in Australia?
How do I find a surrogate in Australia? So you've decided to explore surrogacy as an option to grow your family. You've done some google searches and are finding the information-overload a bit overwhelming. Rest assured, you're not [...]
Do Surrogates Get Paid in Australia?
The number one question that every surrogate is asked is "how much do you get paid?" And whilst we expect the question, and can even understand why someone may ask, the question itself can hurt, and undermine the [...]
When Surrogacy Isn’t Really Surrogacy
The law surrounding children, adoption, parentage and surrogacy is complex. There are several legislative instruments that cover children, and the Family Law Act dedicates almost 200 pages to clauses regarding children’s issues. There’s also many cases that provide [...]
Why Aren’t Surrogacy Agreements Enforceable?
Somewhere in the Top 10 Questions about Surrogacy is: Why aren’t surrogacy agreements enforceable? The answer is both simple and complex, and comes back to two primary concepts. Firstly, the rights and best interests of the child are [...]
Altruistic Surrogacy: How Much Does it Cost?
Intended parents are always keen to know how much surrogacy will cost them. There are so many variables depending on individual circumstances, so it can be hard to give an exact answer to that question. Intended Parents should [...]
Surrogacy Laws in Australia
Surrogacy Laws Australia Are you exploring your options for growing your family through surrogacy? Below is an overview of Australian surrogacy laws as they stand today. Surrogacy in Australia is regulated in each State, which means there is [...]
Frequently Asked Questions
Wondering if surrogacy is legal in Australia? Thinking about pursuing surrogacy to grow your family? Thinking about being a surrogate to help someone grow theirs? Here's some answers to questions you might have. Don't forget to download your [...]
Will the Surrogate Keep the Baby?
One of the first questions asked by intended parents considering surrogacy in Australia is "What if she wants to keep the baby?" And one of the first questions asked by a surrogate and her partner is "What if [...]
Pursuing Surrogacy as a Gay Dad
Gay dads are growing in numbers around Australia as they pursue surrogacy to grow their families. The media is buzzing with news that Ian Thorpe and his partner Ryan Channing, are planning to have a baby via surrogacy. [...]
Overseas Surrogacy
Do you need an Australian lawyer to assist you with your overseas surrogacy journey? The short answer is, mostly not. You can engage a lawyer in your destination country, who will guide you through the Surrogacy and Donor [...]
Commercial Surrogacy and Parentage Orders
People entering into commercial surrogacy overseas are often anxious to know about returning home to Australia with their baby, any consequences, and whether they need to get court orders when they return to Australia. Parentage Orders are made [...]
Do I need a Surrogacy Broker?
Do you need a surrogacy broker or consultant? Surrogacy is bit like Project Management. In fact, by the time you’re home with your baby, you’ll feel like you deserve a PhD in international relations and event management. You did [...]
Kickin’ back with the Kickbacks
Intended Parents may be forgiven for thinking that everyone they talk to about surrogacy has their best interests at heart. If someone seems kind, knowledgeable and generous, surely they're only wanting to help you have a baby, right? [...]
Applying for a Parentage Order
After a baby is born through an Australian surrogacy arrangement, a Parentage Order is required to transfer parentage from the surrogate and her partner to the intended parents. When the baby is born, the surrogate and her partner [...]
Parenting Orders and Parentage Orders
Parentage Orders are made to transfer parentage from a surrogate and her partner, to the intended parents. These are made in State Courts. These Orders provide for the Birth Certificate to be changed, removing the surrogate and her [...]
DIY Parentage Order: You Can Do It!
Do you want to do your Parentage Order yourself? By the time you have your baby in your arms, you’ve spent considerable money on IVF, legal expenses, counselling and pregnancy and birth expenses for your surrogate…not to mention [...]
Why Surrogacy Agreements are not like Contracts, and How to Write Your Own
A surrogacy agreement is not the same as a commercial contract. The elements of a basic contract include (1) an offer, (2) acceptance, (3) consideration (usually money) and (4) an intention to create a legal relationship. For example, you offer [...]