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Joe Donor and the Consequences of Online Conception

By |2019-02-20T02:39:42+00:00February 19th, 2019|Categories: Blog, donor agreement, egg donation, infertility, ivf, laws, lgbt, sperm donor, victoria, written agreements|

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 women, resulting in over 100 babies born (admittedly, that means his success rate is less than 13%, which is about average and to be frank, there’s nothing super about his sperm). His method – either ‘natural’ or ‘artificial’ insemination – does not involve any formal agreement with the recipients (mostly single women or same-sex female couples), nor does it involve legal advice or medical assistance. It’s not a unique thing to do (although the sheer number of donations is), and many forums and Facebook groups are set up to facilitate a relationship between sperm donors and recipients in Australia. But what are the legalities and consequences of online sperm donation – for the recipients, donors and the donor-conceived people – that result from online conception?

In my experience as an egg donor, we didn’t require any written Agreement or formal document to confirm our arrangement or intentions for our future relationships, or my relationship with any donor-conceived children. The IVF Clinic had a bunch of consent forms that we completed, with my partner and I signing our consent for the recipients to use the embryos as they wished. Under Victorian law, I can withdraw my consent for the use of those embryos at any time up to the point of them being transferred. I have no parental rights or responsibilities for any donor-conceived children. I am not liable for child support. Under the Family Law Act, the woman who births the baby is presumed to be the legal parent, and her partner is also presumed to be the parent, regardless of the genetics of the child.

So how is sperm donation different? Well, there are a few different ways of conceiving via sperm donation, and the method can impact on the consequences. For example, utilising a ‘clinic-recruited’ sperm donor, usually involves the recipient knowing very little, and having no relationship, with the donor. In this case, the birth mother registers the birth, can list her partner as the other parent, and the donor details can be recorded on the Birth Registration. In Victoria, a Central Register exists where donor details are stored, so that the child can apply for information about their donor once they turn 18. The donor does not partake in any parenting role nor are they liable for child support.

A similar arrangement can exist with a known donor (such as a friend, family member or acquaintance), if it is facilitated through a Clinic. Recipients and donors who use a Clinic are put through counselling about the arrangement, and they have discussions about their expectations for future roles and relationships. Generally speaking, a sperm donor in a Clinic is treated the same as an egg donor. When the birth occurs, the birth mother’s partner is listed as the other parent, and the donor’s details are kept in the Birth Registration and the Central Register.

So what of those conceptions with a donor via artificial insemination at home? Well, this is where written agreement can be really useful. Whilst the presumption is that a birth mother and her partner are the legal parents, there can be questions about whether the donor is a donor, or a parent, unless there is a written Agreement confirming the arrangement. Donor Agreements are evidence of the parties’ intentions prior to conception, and can be used to register the birth and to ensure the donor is not liable for child support.  Is the donor only a donor, or will he take on a parenting role? Will he be known as ‘Uncle’ and take on a special role in the child’s life, or stay completely out of it? Will the child visit him on weekends or not see him ever again? The variations on intentions and roles can play a huge part in how a Court may see him and his role in the future. Whilst Donor Agreements are not enforceable, (and I’ve seen many a keyboard expert tell people not to bother with them), they can be crucial in protecting everyone and ensuring the relationships are clear and understood. The fact is, intentions and expectations can change, and relationships and roles can change. Is a donor just a donor, or can he be a parent? The High Court will be determining this exact issue, in the case of Parsons and Anor & Masson.

What about natural insemination? Well, this is a whole other kettle of fish. If the conception was achieved in the traditional way, then the ‘donor’ is, by law, a parent, and he is liable for child support, and needs to be registered on the Birth Certificate.

And what of the children? Donor-conceived children’s interests are often not considered deeply enough by everyone involved. They’re certainly not considered by Joe Donor. Note that the 60 Minutes interview with him focused mainly on the well-being of the women conceiving with Joe’s sperm, and very little consideration was given to the rights or interests of any children conceived from his donations. But, interviews with VARTA counsellor Kate Bourne and Chloe Allworthy (herself a donor-conceived person) pointed out that donor-conceived people want to know their origins, have a right to information about their origins, and should not be treated as secondary to the interests of Joe or the women seeking to conceive with his help. What will these children say of the legacy of their conception when they grow up? How will the children conceived with Joe’s sperm feel about having 100+ donor siblings? Chloe, and many other donor-conceived adults, are speaking up now, and it would be negligent of us not to listen to them.

As an egg donor, I underwent many hours of counselling and considered the ramifications of my donations from many angles. On the face of it, donation can seem like a lovely, altruistic thing to do, and similar to donating blood. Except donated blood doesn’t grow up and become a real-life person with thoughts and feelings of their own. Even with the significant consideration and counselling, I still find that my feelings and thoughts about donor-conception are challenged and changed all the time. I don’t know how I will feel about the people conceived from my eggs in 5, 10 or 25 years. I don’t know how they will feel about me, or what role they will want me to have (or whether I’ll want to have it) when they are teenagers, adults or raising their own children. Donor-conception should not be a quick decision over some Joe Donor you met on the internet; it has life-long ramifications for the children, their families, the donor and their families.

If you are thinking of conceiving with the help of a donor, I urge you to consider your options, and seek legal advice before you attempt to conceive. This applies to potential sperm donors and recipients. Counsellors with experience in donor-conception can also be really helpful to help you decide the best way to move forward. For more information about donor conception, check out the resources at VARTA here in Victoria.

Want to talk about Donor Agreements and options? You can book a consult with me below.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Book an initial 30 minute consult

Click here to book!

So You Want to Be a Surrogate?

By |2019-01-18T19:59:50+00:00January 3rd, 2019|Categories: altruistic surrogacy, America, Blog, laws, surrogacy process, 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 could we know if it was right for us, that we wouldn’t regret our decision, that our family and children would be ok at the end of it? And how could we find reliable information to help us make the decision? We tried accessing information and support from an IVF Clinic, who told us that they couldn’t help because we weren’t paying clients.

In the end, we made our decision to take the leap into surrogacy, without really knowing what we were getting ourselves into. And luckily, our relationship with our intended parents blossomed and withstood the challenges ahead – the counselling, the legal process, psychological assessments, and ethics approval. And then trying to become pregnant, and pregnancy, birth and beyond. We worked really hard at our relationship, but we also got lucky with each other.

Are you considering becoming a surrogate, for a friend, family member, or someone you hope to meet on the internet? It’s a daunting prospect; so much to consider and a lot of information to take in. Are you racing ahead, excited to get started and make someone’s dreams come true? (I know I was!). We have a saying in the surrogacy community – it’s a marathon, not a sprint. Take your time, (take off those rose-coloured glasses!), absorb the information, ask lots of questions. And, get advice.

I want to promote positive, empowered altruistic surrogacy arrangements in Australia, and to do that I think everyone needs to be fully prepared before they jump in. So with that in mind, I’m providing free initial surrogacy consults to any woman (and her partner) who is considering becoming a surrogate. I’ll take you through the laws, the criteria, the processes…and add a dash of personal experience to help you on your way.

I’ll help you make informed decisions so you can build a surrogacy arrangement on a strong foundation. Because I want you to know if surrogacy is right for you before you take the leap. I want you to have a positive experience, and I’ll do what it takes to get you there.

To book a free consult, click the booking link below.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Book a FREE initial Surrogate consult

Click here to book!

DIY Parentage Order: You Can Do It!

By |2019-01-18T20:01:55+00:00December 27th, 2018|Categories: Australia, Blog, laws, parentage order, surrogacy process|

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 nursery and buying size 0000 onesies! I imagine you’re probably a bit worn out, financially, and more than ready to settle down with your new family.

But what about the Parentage Order?! You need to apply for the Parentage Order, to transfer parentage from the surrogate and her partner to the intended parents, and to get the Birth Certificate re-issued with your names listed as parents. Usually that means more lawyer fees… but did you know that there’s no requirement to have a lawyer represent you for your Parentage Order? You can choose to do it all yourself! Read below for my tips on preparing your own Parentage Order application, and how you can get the help you need without spending a fortune.

In each State, there are requirements that you must meet before applying for a Parentage Order. You should have a look at the law that applies in your State:

New South Wales: Surrogacy Act 2010

Queensland: Surrogacy Act 2010

Victoria: Assisted Reproductive Treatment Act 2008

South Australia: Family Relationships Act 1974

Tasmania: Surrogacy Act 2012

ACT: Parentage Act 2004

Western Australia: Surrogacy Act 2008

Note that legislation is often updated, and surrogacy law reform is expected in WA, SA, Victoria and NT in the coming year or two. If you’re looking for the most up-to-date legislation, you can usually find it by googling the name of the law and the State – for example ‘surrogacy act nsw.’

If you are in Victoria, you are extra lucky because there is a DIY Parentage Order kit on the County Court website.

The documents required for the Application include:

  1. The Application. You should search the Court in your State for template forms, and call the Court Registry and ask them for assistance.
  2. An Affidavit from the Intended Parents;
  3. An Affidavit from the surrogate and her partner;
  4. A Certified Copy of the baby’s Birth Certificate;
  5. The Court filing fee (most States charge a fee, usually between $400 and $1,200).

The general criteria of a Parentage Order are listed within the legislation for each State – you should read the legislation and look for sections called ‘Application for Parentage Order’ and similar. In NSW, for example, you should pay attention to Division 4 – Preconditions to making a Parentage Order.  You will see that a Parentage Order requires certain preconditions to have been met – including that the parties obtained legal advice and had counselling about the arrangement, and evidence that it was altruistic and that the surrogate and her partner consent to the Order being made.

All of this might seem overwhelming, and that’s understandable. Remember that lawyers have been trained to read, analyse and apply legislation. If you would like to prepare the Application yourself, there are ways that you can do it, with a lawyer’s assistance, and without a large bill at the end.

I provide a DIY Parentage Order Legal Advice Package. It allows you to complete the Application yourself, and have me as your personal guide through the process. The Package includes:

  1. A 30-minute Skype Consult to advise you on the Application process and everything you need to get you started;
  2. A tailored DIY Parentage Order Tip Sheet, outlining the Application requirements in your State and what you need to do to complete your Application;
  3. Once you have completed the Application and Affidavits for your Application, I will read, review and provide advice for any amendments, and to get you ready to submit your Application to the Court.

If you would like to know more about the DIY Package, you can contact me any time in the lead up to your baby’s birth, or shortly afterwards. No matter where you are in Australia, I can help you prepare your own Parentage Order.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Gift Giving in Altruistic Surrogacy Arrangements

By |2018-12-29T01:19:27+00:00November 29th, 2018|Categories: altruistic surrogacy, Australia, Blog, laws, surrogacy, surrogacy process, surrogate|

Commercial surrogacy is illegal in Australia. Altruistic surrogacy arrangements are legal – that’s where the surrogate receives no material benefit, reward, payment or inducement in exchange for carrying a baby for someone else.

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 gifts might be ok, and what might be considered a reward or inducement? The answer is complex!

The legislation can be interpreted very broadly, such that even the gift of a massage voucher or a bunch of flowers could be seen as a material benefit or reward for the surrogate. So how do intended parents look after their surrogate, support her through any treatment and pregnancy, and show their appreciation without crossing over into illegal territory?

The laws are designed to prevent commercial arrangements, involving women who are inspired to be surrogates for promise of payment. The law is not designed to punish people who accept gifts of love, friendship, appreciation and support.

A good rule of thumb is to act as you would if you were to give a gift to any other friend. Gifts that are not cash, such as massage vouchers, flowers, ready-cooked meals, movie tickets and dinner vouchers are unlikely to be considered by any reasonable person as an inducement or reward for surrogacy. And surrogates are unlikely to be enticed to go through the challenges of pregnancy simply for the promise of a free movie ticket!

Cash deposits into a surrogate’s bank account are a bit trickier. In some States, not all, it is acceptable for the surrogate to be reimbursed for loss of wages due to the surrogacy treatment, pregnancy or birth and postnatal period. Loss of wages might be paid into the surrogate’s bank account in periodic or lump sum payments. If this applies to your arrangement, you should ensure that the amounts deposited correspond to evidence of the lost earnings, such as evidence of payslips or a record of reduced work hours.

For other reimbursements, such as the cost of prenatal supplements, or travel costs, consider direct payments to the clinic, or giving your surrogate a linked debit card that she can use to purchase pregnancy-related items.

So what about bigger gifts, or “push presents” (that’s a gift given to a woman to celebrate her having pushed out a baby!). Whilst a massage voucher might alleviate a pregnant woman’s sore back, it’s hardly an inducement to be a surrogate. What about bigger gifts, like electrical appliances, a holiday, or some nice jewelry? Again, the legislation is clear that surrogates should not receive material benefits or reward for being a surrogate. But is a gift of love and appreciation a reward, or inducement, or material benefit of surrogacy? You should exercise both caution and common sense. And if in doubt, get legal advice.

Intended parents worry that if they give any gifts to their surrogate could compromise the surrogacy arrangement and that the Court could refuse to make the parentage order. The laws provide that the Courts can refuse to make a parentage order if the arrangement looks to be a commercial transaction. And surrogates can be prosecuted if they have broken the law and received payment for being a surrogate. Some things to consider:

  • The police are pretty busy with solving other crimes and don’t have time to worry too much about whether your surrogate received a spa package as a reward for carrying your baby;
  • The Courts are most concerned with the baby’s best interests, and whether making the parentage order would be in the baby’s best interests. If all the criteria are met for a parentage order, the Courts are unlikely to refuse to make the Order simply because the surrogate received a gift from the intended parents.
  • There have been no prosecutions that we are aware of, of a surrogate who accepted gifts from the intended parents.

If in doubt, you should contact your lawyer. Our advice: be kind, exercise common sense, and remember: if it looks like a commercial arrangement it probably is. If it looks like a gift of love and friendship, it probably is.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Overseas Surrogacy

By |2019-02-12T03:10:46+00:00November 22nd, 2018|Categories: America, Blog, Canada, laws, overseas, surrogacy process, Ukraine|

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 may like to ask an Australian lawyer to review the Agreements as well, but remember that Australian lawyers are not experts in overseas surrogacy laws, and they’re also not insured to practice in overseas jurisdictions.

After the baby is born, the agency and lawyer in your destination country should facilitate the process to have the birth registered. Most countries now allow the intended parents to be listed on the Birth Certificate, even where there is no genetic connection between the parents and the baby. An Australian lawyer is not required for this process.

To bring the baby to Australia, you will need to apply for either Australian citizenship by descent, or a permanent visa for the baby. Again, you do not need an Australian lawyer to facilitate this process. Many intended parents have completed the process on their own, often online, and with assistance from Australian embassy and immigration officials. For more information, visit the Australian Department of Home Affairs. You may be required to complete DNA testing, and you can expect to provide copies of the Surrogacy Agreement as part of the application.

Much has been written about Australian family laws and recognising parentage of children born through overseas surrogacy. At the time of writing, it is unlikely that an Australian family court will grant a Parentage Order in those circumstances. Parents through overseas surrogacy are often anxious that the lack of recognition places them in precarious position when it comes to accessing services and being recognised as the parents of the child. In practice, there is usually nothing to be concerned about. Parents of children through overseas surrogacy can apply for a passport, Centrelink benefits, Medicare benefits and enroll their child in childcare and school, without needing a Parentage Order. The legal process to apply for the Order is expensive and very often, no Order is granted. My short advice is: don’t fix it if it’s not broken. Spend your money on your new baby, not more lawyers.

You might be interested in information about Surrogacy Brokers – chances are, you don’t need one of those either. And for extra precaution, make sure to read my blog post about Consultants and commissions.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Applying for a Parentage Order

By |2019-01-09T02:53:23+00:00November 15th, 2018|Categories: altruistic surrogacy, Australia, Blog, interstate surrogacy, laws, parentage order, parenthood, surrogacy, surrogacy process, surrogate, written agreements|

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 baby’s birth in the State where the baby is born. They can register the baby with a name chosen by the intended parents.

The surrogate and her partner are listed as the baby’s parents on the birth certificate.

Once the birth certificate is issued, the intended parents must apply for a Parentage Order (also called a Substitute Parentage Order). They apply to a Court in the State where they live. The purpose of a Parentage Order is to transfer parentage from the surrogate and her partner, to the intended parents. This has the effect of providing an Order that recognises the surrogacy arrangement, and who the true parents are. The Order also tells the Registry of Births Deaths and Marriages in the surrogate’s State, to re-issue the birth certificate with the parents listed, instead of the surrogate and her partner.

For the Court to grant a Parentage Order, the intended parents will need to provide evidence of the surrogacy arrangement, and that the surrogate and her partner have relinquished care of the baby to the parents. This is usually provided by way of Affidavits from each of the intended parents and the surrogate and her partner.

The Court will need to see evidence that the parties received legal advice and counselling prior to the pregnancy. In some States, post-surrogacy counselling is also a requirement of the Parentage Order.

You should refer to the legislation in the state where the intended parents live to understand the requirements that apply to you.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Parenting Orders and Parentage Orders

By |2018-12-29T01:21:33+00:00November 5th, 2018|Categories: altruistic surrogacy, America, Australia, Blog, Canada, laws, overseas, parentage order, Ukraine|

Parenting Orders are often made when parents are separated and need to formalise the arrangements for where the children will live and who they will spend time with. These are made in the family law courts.

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 replacing their names with those of the intended parents.

In Australian domestic surrogacy arrangements, the appropriate Orders are Parentage Orders.

In some international surrogacy cases, intended parents may choose to obtain Parenting Orders to recognise both parents as having parental responsibility for the child, once they return to Australia. This is generally not necessary where both the intended parents are already listed on the Birth Certificate.

Click here to see a Comparison of Parentage and Parenting Orders.

You may be told that you must have a Parenting Order if you had a child through international surrogacy. This is often not the case. Parenting Orders can only be obtained if you have evidence of the surrogacy arrangement, and can provide evidence that the surrogate and her partner consented to the Order being made. The Parenting Order application process can be complex, time-consuming and expensive – if you don’t need to do it, why would you bother? But if only one (or neither) of the Intended Parents is listed on the Birth Certificate, Parenting Orders can provide acknowledgement that the intended parents have parental responsibility of the child (and that the surrogate does not), and can assist with accessing services such as Medicare and Centrelink.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Surrogacy Laws in Australia

By |2018-12-29T01:24:11+00:00October 21st, 2018|Categories: altruistic surrogacy, Blog, laws, surrogacy, surrogacy process|

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 law that covers surrogacy across the country. Surrogacy laws in all States follow the same basic principles:

·   The Intended Parents must not be able to either conceive or carry a baby themselves. You should check the laws in your State to see who can access surrogacy.

·   The surrogacy arrangement is not enforceable. This means that if the surrogate does not relinquish the baby, or the intended parents do not accept the baby, neither party can enforce the agreement. However, the surrogate can enforce the agreement to recover prescribed costs.

·   The surrogacy arrangement must be altruistic. Commercial surrogacy is illegal in all States in Australia. This means the surrogate and her partner cannot be paid for carrying a baby for someone else.

·   Whilst surrogacy is altruistic, the intended parents must cover the surrogate’s expenses in relation to surrogacy, pregnancy and birth.

·   When the baby is born, the birth is registered in the State where the baby is born, with the surrogate and her partner listed as the baby’s parents on the Birth Certificate. After the birth, the Intended Parents can apply to the Court for a Parentage Order (also called a Substitute Parentage Order) in the State where they live. The Order transfers parentage from the birth parents (the surrogate and her partner) to the intended parents. The Birth Certificate is then re-issued with the new parents listed, instead of the surrogate and her partner.

The applicable laws are those in the State where the Intended Parents live. Click here to see a Comparison Chart of State Surrogacy Laws.

Surrogacy arrangements in Australia are regulated by State legislation. If you have a child born through international surrogacy arrangements, the Commonwealth Family Law Act applies.

The intended parents and the surrogate and her partner must obtain independent legal advice from separate lawyers. If a written agreement is required, parties might draft their own agreement, but it is not valid unless a lawyer has provided advice and all parties have signed the Agreement.

In all States, everyone should obtain independent legal advice before attempting to become pregnant. This applies to both gestational and traditional surrogacy arrangements.

If you are considering international surrogacy, you should consult a lawyer in your destination country.

Contact Sarah today and have a chat about how the Australian surrogacy laws affect you.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Written Surrogacy Agreements

By |2018-12-29T05:56:00+00:00September 25th, 2018|Categories: altruistic surrogacy, Australia, Blog, laws, surrogacy process, written agreements|

Surrogacy arrangements can be written into formal Agreements between the surrogate and her partner, and the intended parents.

Some states require surrogacy arrangements to have a written agreement, whilst other States do not require it but the parties might be inclined to have one anyway.

A written agreement is not enforceable, other than where a surrogate might need to claim costs and reimbursement for expenses incurred during the surrogacy.

A written agreement can help ensure everyone is on the same page and there is less likely to be conflict or misunderstandings.

Written agreements should cover the requirements of a surrogacy arrangement, such as counselling and legal advice. They can also cover agreements about other matters, such as:

  • Pregnancy and birth care options;
  • What costs the intended parents have committed to cover;
  • How the intended parents will reimburse their surrogate for costs;
  • How the intended parents will support their surrogate and her family in times of need;
  • How the parties will communicate with each other;
  • How the parties might resolve issues and conflict as it arises.

Remember that even if an agreement is in writing, it is generally unenforceable unless it relates to reimbursing the surrogate for prescribed costs.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

This Is A Custom Widget

This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.

This Is A Custom Widget

This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.