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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
Surrogacy South Australia - Law Reform Update, November 2019 South Australia has reviewed its surrogacy laws and now passed the Surrogacy Bill - you can read the full Bill here. The Bill has passed both Houses and awaits Royal Assent, [...]
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 [...]
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 [...]
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. There are currently no surrogacy laws in the Northern Territory. There is law reform [...]
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 [...]
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 [...]
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. [...]
Surrogacy Lawyer Sydney Sarah Jefford is a surrogacy lawyer assisting people in Sydney and across Australia. If you are entering into a surrogacy or donor arrangement in New South Wales, Sarah can provide assistance to the intended parents or the [...]
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 new Surrogacy Bill 2019 applies to you and will come into effect in 2020. The criteria for [...]
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 Lawyer Melbourne Sarah Jefford is a family and surrogacy lawyer in Melbourne, practising across Australia. If you are entering into a surrogacy or donor arrangement in Victoria, Sarah can provide assistance to the intended parents or the surrogate and [...]
I'm a law nerd really, so the idea of law reform and particularly those laws that affect me, is pretty exciting. The Victorian Review of the Assisted Reproductive Treatment Act, has finally concluded, and the Report released this week. Recommendations [...]
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 [...]
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 [...]
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 [...]
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 [...]
