The Law Regarding Surrogacy
Surrogacy is an arrangement whereby a woman (the surrogate mother) carries a child on behalf of a person or a couple (the intended parents). There are two types of surrogacy arrangements – altruistic and commercial. Unlike commercial surrogacy arrangements, altruistic arrangements do not involve the surrogate mother receiving compensation.
Commercial surrogacy arrangements are unlawful in Australia. Moreover, it is illegal for the residents of NSW, Queensland and the ACT to enter into overseas commercial surrogacy arrangements. Overseas commercial surrogacy arrangements are lawful in all other states.
The issue that intended parents need to address when entering into surrogacy arrangements is becoming a legal parent. When entering into an altruistic or commercial surrogacy arrangement, the intended parents are not the legal parents of the child. A court order is necessary for them to become legal parents.
The rules in relation to altruistic and commercial surrogacy are complex and vary between the states and territories. When contemplating a surrogacy arrangement, whether commercial or altruistic, it is essential for the intended parents to seek advice from a specialist in the area of surrogacy. Surrogacy Australia has recognised Paul Boers as Australia’s leading reproductive law expert. He can provide advice and representation in relation to any party to a surrogacy arrangement within Australia, no matter which state or territory that party is from.