Commercial Surrogacy Arrangements
A commercial surrogacy family law arrangement is one in which the surrogate is paid a fee (as opposed to reimbursement of expenses) for their service as a surrogate. It is illegal in all States and Territories of Australia for a resident to enter in to a commercial surrogacy arrangement in Australia.
In the case of Queensland, New South Wales and the Australian Capital Territory, the law has been extended to make it unlawful for a resident to enter in to a commercial surrogacy arrangement outside of Australia. In the other States and Territories of Australia, it is not illegal for a resident to enter in to a commercial surrogacy arrangement overseas. The fact that it is not unlawful does not however make it a straightforward proposition.
As the law currently stands in Australia, the intended parents, in overseas commercial surrogacy matters under the current state of law are not the legal parents. State and Territory legislation, except for the Northern Territory, provides for a mechanism to obtain a “parentage order”. This is an order made in the Supreme Court whereby the status of parent is taken from the surrogate mother and her partner, and conferred upon the intended parents. The legislative requirements to obtain a parentage order in each of the States and Territories which have surrogacy legislation varies.
The law in relation to commercial surrogacy family law arrangements is complex and very few lawyers possess specialist knowledge of this area of law. The lawyers at Boers Associates are amongst Australia’s leading experts in the field of reproductive and surrogacy law. Not only that, they have networks of relationships with Reproductive Lawyers and Surrogacy agencies in India, Thailand, the USA and Mexico. The right time to seek legal advice regarding surrogacy is in the planning stage, as your lawyer can then advise you of available options and assist in laying the groundwork for a successful surrogacy arrangement.