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 [...]
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 [...]
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 [...]
Surrogacy South Australia - Law Reform Update, August 2019 South Australia has reviewed its surrogacy laws and now drafted a new Surrogacy Bill - you can read the full Bill here. This is the first time that South Australia will [...]
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 [...]
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 [...]
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 [...]
Surrogacy has been a headline again this week, with Foreign Correspondent covering 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 intended parents who [...]
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 [...]
I spoke at the Melbourne Law School's Health Law and Ethics Network seminar this week, 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 [...]
There are many ways to grow a family, and co-parenting is a creative option. Whilst I primarily assist with surrogacy and donor arrangements, I am increasingly receiving enquiries from parties seeking to enter into a co-parenting arrangement. This might be [...]
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 decorating the [...]
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. The media is buzzing with news that [...]
Surrogacy in 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 to either [...]
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 to State [...]
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 the intended [...]
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 [...]
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 [...]
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 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 [...]
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 [...]
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 expect to [...]
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 no uniform [...]
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 [...]
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 they don't [...]
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 [...]
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 South Australia and 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 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 all that [...]
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. When the baby is born, the surrogate and her partner register the [...]
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 [...]
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 to buy [...]
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 from a donor. It is different from gestational surrogacy, where the surrogate becomes pregnant with an embryo created with an egg [...]
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 [...]
Surrogacy in the Northern Territory 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 QLD 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 Family Relationships Act 1975 applies to you. The criteria for surrogacy in SA includes: That 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 is currently being reviewed, 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 [...]
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. And rather than just hoping, or 'feeling' that everyone is on the same [...]
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 application. And what sort of [...]
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 [...]
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 any talk about money [...]
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 50 and 70 in total), that it is no surprise that many hospitals will rarely come across a surrogacy birth. As a result, hospital surrogacy [...]
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 of 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 [...]
The Fourth Trimester 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 [...]
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 household or immediate family. [...]
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 the baby. An anniversary of survival, [...]
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, police checks, psychological assessments, [...]
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 recently you'd know all about Joe Donor - the American man who claims to have donated sperm to over 800 [...]
Donor Agreements involve an agreement between a donor and recipient parent/s that clarifies the relationships and expectations between the parties. They are often used between sperm donors and their donor recipients, and not so often with egg donors. The reasons [...]
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 [...]
I’ve been thinking a lot lately about birth certificates, and donor conception and surrogacy. What is a birth certificate? According to the Oxford Dictionary, birth certificates are an official document issued to record a person's birth and identify them 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 [...]
