Surrogacy isn't always sunshine and roses. Sometimes, it can go wrong. Even when it is good, the relationships are complex and challenging and sometimes really hard. I am often asked for examples of surrogacy-gone-wrong. Intended parents and surrogates want to [...]
Surrogacy Lawyers - huh, what are they good for? If you answered 'absolutely nothing!' well... fair enough. But bear with me! Read on and hopefully you'll learn more about what surrogacy lawyers are good for, and how you can have [...]
If you're expecting a baby through an Australian surrogacy arrangement, you'll be keen to make sure you have done everything to prepare for the Parentage Order application after the birth. Firstly, if you are not sure what I'm talking about, [...]
How do I connect with a surrogate? It's one thing to ask - how do I find a surrogate - and then follow all the advice given to put yourself in places where surrogates hang out. But it's another thing [...]
Expectations for Donor Agreements When entering a donor agreement, it is important for the parties to talk about their intentions and expectations, before attempting to become pregnant. Whether the donor is a friend, family member or someone you have met [...]
Coping with the coronavirus pandemic and restrictions make a surrogacy arrangement all the more complex. Published 29 April 2020. The situation changes from day to day, and you should check that the information you are seeking is up to date. [...]
The original post was written in March 2020. It has since been updated in late April 2020. A free webinar, exploring the issues raised by the COVID-19 pandemic and the impact on surrogacy teams, happened on 28 April 2020. You [...]
We Need a Surrogate: What's Next? Now that you've decided to pursue surrogacy, you're probably wondering what to do next. Whether it's in Australia or overseas, with a donor or your own gametes, this chart shows you all the steps [...]
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. If you are new to surrogacy, you can read more about how to find [...]
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 skeptical. How [...]
Do I qualify for surrogacy in Australia? This post is about qualifying for surrogacy as an intended parent. If you are a woman considering becoming a surrogate, you might be interested in this post. The first step when determining whether, [...]
The Surrogacy Process in Australia is similar in all States, and applies to all arrangements regardless of how the parties know each other or their relationship with each other. Before proceeding past step one, you should find out if you [...]
DIY Parentage Order - You Can Do It! Do you want to do your surrogacy 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 [...]
International Surrogacy Options for Australians When you're considering surrogacy in Australia or overseas, you're likely to become overwhelmed with the options and processes and getting to grips with the laws surrounding international surrogacy. I cannot recommend a particular option or [...]
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 alone and [...]
Donor Agreements involve an agreement between a donor and recipient parent/s that clarifies the relationships and expectations between the parties. Donor Agreements are often used between sperm donors and their donor recipients, and not so often with egg donors. The [...]
Can I be a surrogate? Many women who consider becoming a surrogate assume they will be eligible, often because they consider themselves fertile and have had smooth pregnancies and births of their own babies. But it's worth considering whether you [...]
Will the surrogate ask for money? We know that surrogacy is altruistic in Australia. That means that payment of any type, or a reward or material benefit, is illegal. That includes cash payments as well as large gifts like a [...]
I recently spoke at the Melbourne Law School's Health Law and Ethics Network, on the subject of surrogacy and ethics. Below is my speech. Thank you for having me and giving me the opportunity to speak about my experiences as [...]
There are many ways to grow a family, and co-parenting is one creative option. There are as many different ways to co-parent as there are families choosing this model of parenting. A co-parenting arrangement might involve two singles, or one [...]
Surrogacy Counselling - what should we expect? Intended parents and surrogates are always keen to know what they can expect from the surrogacy counselling. Perhaps you've never had counselling and are expecting to open Pandora's Box on all your private [...]
Is it harder, to give up a genetics, as a traditional surrogate? If you know me well , you'll know that I often get on my high horse when I hear misinformation spread about IVF, donor conception or surrogacy. Traditional [...]
Surrogacy & Fertility Bulletin - March 2020 Looking for updates for all things surrogacy and fertility, in Australia and overseas? Consider this your one-stop-shop with all your news. Melbourne couple Tim and Celeste opened up about the challenges and pressures [...]
Registration for the 2020 Surrogacy Sisterhood Retreat have now closed. If you are still interested in attending, you can be placed on our Wait List by emailing me at sarah@sarahjefford.com. We shall advise you if any places become available. Unfortunately [...]
Looking for updates for all things surrogacy and fertility, in Australia and overseas? Consider this your one-stop-shop with all your news. In Victoria, new Assisted Reproductive Treatment Regulations came in effect on 13 December, allowing surrogate mothers to claim loss [...]
Are we all created equal, when it comes to surrogacy? Are all intended parents equally entitled to pursue surrogacy? Are all women who want to be surrogates, good candidates for surrogacy? Maybe this post is really just a big bunch [...]
How does it feel, to give away a baby? Good question, and probably the most common question I've received since I gave birth. And usually the follow up comment is "I could never give away a baby." Don't worry, I [...]
Registering the Birth of a Surrogacy Baby Congratulations! The baby has arrived! After the birth, registering the birth is the responsibility of the birth parents. As the birth parents, the surrogate and her partner must be listed as the baby’s [...]
A surrogacy arrangement necessarily involves people sharing experiences with each other that would otherwise be reserved for the most intimate of relationships. Besides discussion about your views on pregnancy termination and whether the surrogate will drink alcohol during pregnancy, there’s [...]
Uniform Surrogacy Laws? Yes please! The Council of Attorneys General met today in Adelaide for their regular bi-annual meeting. The Council is made up of the State Attorneys General and the Federal Attorney General, and they talk about all the [...]
Victorian Surrogacy Regulations Update If you know me at all, you know how much I enjoy a bit of surrogacy law reform. And this one is particularly satisfying, because the previous provisions were so ridiculously unfair that it beggared belief [...]
Surrogacy and Social Media You might be surprised to discover that something as simple as social media can cause a rift in surrogacy teams, particularly if the expectations and rules are not established early on. Many intended parents want to [...]
Surrogate Bodily Autonomy. What exactly do we mean when we talk about the surrogate having bodily autonomy? A surrogate is just like any other person, and can make decisions about her body just as any other person can. This is [...]
Importing and Exporting Embryos and Gametes If you are considering surrogacy and fertility treatment options in Australia and overseas, you need to consider where the embryo creation will take place and whether that will have an impact on your plans. [...]
Surrogacy Information for Healthcare Providers If you are an intended parent or future surrogate and need to visit your healthcare provider to talk about surrogacy, you may find that they have not dealt with many surrogacy cases in their careers. [...]
Supporting Your Surrogate and Family Intended parents carry the pressure of wanting to be appreciative, supportive and caring for their surrogate and her family, and not wanting to be intrusive or overbearing. With that in mind, there are a few [...]
I am beyond proud and excited to be named as a finalist in the Lawyer's Weekly Women in Law Awards, for both Thought Leader of the Year and Sole Practitioner of the Year for 2019. I am humbled to share [...]
Care Package Ideas for Surrogates and Egg Donors During a recent egg donation cycle, my lovely friend and recipient gave me an enormous box labelled 'Sarah's Donor Cycle Care Package.' Thinking it was probably a box of chocolates and a [...]
Sperm Donor Agreements Are you considering growing your family with the help of a sperm donor? There are a number of options, and it is important to obtain legal advice about the implications, your rights and responsibilities and the consequences [...]
Surrogacy, Medicare and Centrelink Big questions for birth parents and intended parents - who is eligible for Centrelink's Paid Parental Leave, and will the parents be able to access Medicare benefits for the baby? As with all things bureaucratic, there [...]
I’ve been thinking a lot lately about birth certificates, and donor conception and surrogacy, after attending the AFCC Conference in Sydney and listening to many donor-conceived people speak about their experiences and identity. What is a birth certificate? According to [...]
Single Parent Surrogacy Are you a single intended parent considering surrogacy to grow your family? The good news is that mostly, there are no barriers to single intended parents entering into a surrogacy arrangement in Australia or overseas. What's the [...]
If you are new to surrogacy in Australia, this post will get you started. 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 [...]
Egg Donor Agreement Are you considering growing your family with the help of an egg donor and thinking of having an agreement between you? Many families grow with the help of an egg donor, whether it's a clinic-recruited or overseas [...]
Surrogacy sometimes ends up as a headline such as in 2019 when Foreign Correspondent covered surrogacy in the Ukraine. Unfortunately, rarely when it is a headline is it a positive story, and my heart broke for the women, babies and [...]
Surrogacy Pregnancy and Birth Package If you and your team are planning a surrogacy birth, you will be keen to make sure your healthcare provider is sensitive and responsive to the dynamics and needs of your team. Whilst most hospitals [...]
Pursuing surrogacy as a gay dad. Are you considering surrogacy as a single or partnered gay dad? Gay dads are growing in numbers around Australia as they pursue surrogacy to grow their families. Last year, the media was buzzing with [...]
One Year On - January 2019 Surro-baby, Darcey, turned one last weekend. Her dads threw her a party, of course, and like all first birthdays, it was more of an anniversary for the parents than it was a party for [...]
Surrogacy arrangements in Australia are regulated in each State, which means there are no uniform laws that cover surrogacy across the country. Surrogacy laws in all Australian States and the ACT follow the same basic principles: The Intended Parents must [...]
Surrogacy South Australia - Law Reform Update, June 2020 South Australia has reviewed its surrogacy laws and now enacted the Surrogacy Act 2019. The Act comes into effect from 1 September 2020. This is the first time that South Australia [...]
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 [...]
The surrogacy laws and other laws surrounding children, adoption and parentage is complex. There are several laws that cover children, and the Family Law Act dedicates almost 200 pages to clauses regarding children’s issues. There’s also many cases that give [...]
International Surrogacy Arrangements Are you considering surrogacy options overseas? You need to do your research and consider the laws, options and processes. Be prepared to take your time and research, research, research! What are the laws about surrogacy? There are [...]
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 paramount. You [...]
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 [...]
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 free copy [...]
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 Agreements. You [...]
Surrogate Age Limits There are some surrogate age limits applied to surrogacy in Australia, and each State has it's own requirements and restrictions. In most States, the surrogate must be over 25 years of age. In the ACT, the surrogate [...]
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 to transfer [...]
Do I need a surrogacy broker? Or a surrogacy consultant, or third party to be your concierge? 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 [...]
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? But, surrogacy [...]
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. If you are nearing the end of the surrogacy pregnancy, you will [...]
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 partner, and [...]
Why are surrogacy agreements not like contracts? How can we write our 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) [...]
Gestational surrogacy, in which the surrogate is not the genetic mother of the baby she is carrying, is the most common form of surrogacy both in Australia and overseas. Gestational surrogacy is different from Traditional Surrogacy, where the surrogate conceives [...]
Traditional surrogacy is where a surrogate uses her own eggs to conceive, with sperm from an Intended Father or a donor. It is different from gestational surrogacy, where the surrogate becomes pregnant with an embryo created with an egg from [...]
Surrogacy in the Australian Capital Territory is regulated by the Parentage Act 2004. If you are an intended parent living in the ACT, then the surrogacy laws that apply to you are those of the Australian Capital Territory. This is [...]
Surrogacy in New South Wales is regulated by the Surrogacy Act 2010. If you are an intended parent living in NSW, then the surrogacy laws that apply to you are those of New South Wales. This is the case, even [...]
In the Northern Territory, surrogacy is neither legal or illegal. This is because there are no surrogacy laws in the Northern Territory at all. All the States and the ACT have their own surrogacy laws, but the NT has none. [...]
If you are an intended parent living in Queensland or a surrogate carrying for Queensland intended parents, the Surrogacy Act 2010 applies to you. The criteria for surrogacy in Queensland includes: That the intended parents have a social or medical [...]
Surrogacy in South Australia. If you are an intended parent living in South Australia or a surrogate carrying for South Australian intended parents, the new Surrogacy Bill 2019 applies to you and will come into effect from 1 September 2020. The [...]
If you are an intended parent living in Tasmania or a surrogate carrying for Tasmanian intended parents, the Surrogacy Act 2012 applies to you. The criteria for surrogacy in Tasmania includes: That the intended parents have a social or medical [...]
Surrogacy is legal in Victoria, and every State in Australia. Victorian surrogacy arrangements are regulated by the Assisted Reproductive Treatment Act 2008. The law was reviewed in 2018-9, and expected to be reformed in the coming year. Read more about [...]
Surrogacy in Western Australia If you are an intended parent living in Western Australia or a surrogate carrying for Western Australia intended parents, the Surrogacy Act 2008 applies to you. The criteria for surrogacy in WA includes: That the intended [...]
Conception, Consent and Death I've been thinking a lot about death lately. A few things have led to this - watching Old People's Home for 4 Year Olds on the ABC, and donating my eggs again. Life, death, and taxes [...]
Altruistic surrogacy is one of the most complex and amazing journeys you'll ever take, regardless of whether you're the surrogate team or the intended parent team. Even when things go right, they can still be difficult, and every team faces [...]
When travelling down the surrogacy path, the most important part is the relationship between the surrogate (and her partner, if she has one) and the intended parents. It is important that we spend time setting expectations before going on our [...]
Gift Giving in Surrogacy Arrangements One of the first questions asked by surrogates and intended parents, is whether the intended parents can give gifts to their surrogate, or her family members, without compromising the surrogacy agreement or the Parentage Order [...]
Surrogates are like sisters. Surrogacy is a unique and special journey, not just for the intended parents, but for the women privileged enough to carry a baby for someone else. It's an unusual thing to do, and most people don't [...]
Surrogacy and Money Conversations It is a fact universally known, that altruistic surrogates don't like to talk about money. We don't like asking for money, and we'd rather spend our own money than burden our intended parents. We feel that [...]
Kids and surrogacy - complex problem or privileged experience? I'm often asked about my children's responses to me being a surrogate, and for advice about preparing children for surrogacy. My kids were taught fairly early that sperm+egg+uterus=baby. They're still learning [...]
There's a few heroes in the story of surrogacy - but none more unassuming than the surrogate's partner. Our partners don't ask to go down this path, and the rewards for them are few and far between. But their support [...]
When planning a surrogacy, the team should think of the birth and how they will navigate the hospital system to support their surrogacy birth. Surrogates will have their own experiences of birth and have ideas of how they envision the [...]
There are such a low number of surrogacy births in Australia each year (somewhere between 60 and 80 in total), that it is no surprise that many hospitals will only rarely come across a surrogacy birth. Some hospital surrogacy policies [...]
Surrogacy Birth Photography Birth photography is an art form. You only need to search #birthphoto on Instagram and find out how popular, and amazing it can be. I would have liked to have a birth photographer for my first two [...]
Milk and Feeding a Surrogacy Baby Most new parents have to grapple with learning how to feed their newborn and making the right decisions for the family. When you add in surrogacy, it can take on a whole other level [...]
Many people haven’t heard of the ‘fourth trimester,’ let alone when it applies in a surrogacy arrangement. The fourth trimester refers to the first three months after a baby is born when baby is going through a period of massive [...]
Surrogacy Milestones and Celebrations When most people have a child, they celebrate milestones like a Baby Shower, and later the birth, and then Birthdays, and Mother's and Father's Days, without having to consult or think about anyone outside their own [...]
Finding Happiness Beyond Surrogacy Surrogacy can be all-consuming - for the intended parents, and the surrogate family. Relationship-building takes time (particularly if we want to get it right) and so does the process. Medical appointments, counselling, legal advice, blood tests, [...]
Egg donation is one of those topics that garners interest on social media occasionally, and warrants a warm fuzzy headline now and again, but good quality information and resources are lacking. There are restrictions on advertising for an egg donor, [...]
Sperm Donor or Dad? If you are a single woman or in a same sex couple considering growing your family through sperm donation, you may have followed the case of Masson & Parsons and Anors with interest. The family law [...]
Sperm donation options in Australia vary from friends and family, to online connections or clinic-recruited donors. If you watched 60 Minutes last year, you'd know all about Joe Donor - the American man who claims to have donated sperm to over [...]
I became an egg donor after having my own children. My partner and I are parents-through-IVF; survivors of infertility who inevitably became overbearing parents to our precious offspring. Archie was born after 7 embryo transfers, and he was our lucky [...]
I recently attended the Victorian Assisted Reproductive Treatment Authority (VARTA)’s twilight seminar The Genie is out of the bottle: DNA testing and the end of donor anonymity to hear about the experiences of donor-conceived people, and donors, from times gone [...]
Feminism and Surrogacy A core belief of any feminist, is that a woman has the right to full bodily autonomy. That includes reproductive autonomy; the right to determine if and when she has children, how many, and the right to [...]
Making a Baby After Death: Posthumous Use of Gametes It would be many people's idea of a nightmare - losing a partner and the ability to grow your family they way you had dreamed. Many couples will freeze gametes - [...]
Who owns an embryo? Is an embryo treated like a child in a parenting dispute? Or is it like property in a divorce? The truth is, it’s not treated like either a child or property, but in a category by [...]
Our Surrogacy Sisterhood Day was held on 1 June in Melbourne, running alongside the Surrogacy Conference. This is the second year the Sisterhood Day has run as it's own event, and the fourth year where we've had a gathering [...]
