What is Surrogacy Laws in Australia?
Every day the number of children born via surrogacy arrangements in Australia and overseas is increasing significantly.
By definition, surrogacy is a form of assisted reproductive technology whereby a surrogate mother offers to carry a baby through pregnancy on behalf of another person or couple (who medically or socially are unable to carry a child of their own) and then relinquishes the baby to the intended parents after birth.
Is Surrogacy Legal in Australia?
Surrogacy is legal in Australia to save and except for the Northern Territory. However, the surrogacy must be altruistic – meaning there is no payment to the surrogate mother and it must not be a commercial arrangement.
However, the intended parents must cover the surrogate mother’s medical costs associated with the surrogacy, pregnancy, and birth.
The various states of Australia have slightly different Surrogacy laws and requirements which must be adhered to.
Most surrogate mothers are required to be over 25 years of age.
In Queensland, New South Wales, and South Australia there is no requirement for the surrogate to have previously given birth. This differs to the position in Victoria and Western Australia, where surrogates must have previously given birth.
In Tasmania, the surrogate and intended parents must live in Tasmania and so there is a geographical restriction.
In the ACT both the intended parents and surrogate and her partner must be a couple.
In South Australia, only heterosexual couples are eligible for a surrogacy arrangement.
In Western, Australia surrogacy is only legal for heterosexual couples, lesbians, and single women.
If you are considering surrogacy, it is very important that you receive expert legal advice on this issue before commencing the process. This is because if the surrogacy arrangement is not done correctly and pursuant to the applicable state legislation, there may be issues associated with the transfer of parentage to the intended parents.
For more information on surrogacy in Queensland, contact the team at James Noble Law for a FREE 20-minute consultation today to schedule an appointment with one of our Qualified and experienced family lawyers Brisbane.
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