What is a Surrogacy Arrangement?

A Surrogacy Arrangement is an arrangement where a woman (called the Surrogate or the Birth Mother) agrees to become pregnant with a child, and for the parentage of the child born as a result of that pregnancy to be transferred to another couple (the Intended Parents). Legislation surrounding Surrogacy Arrangements are relatively new in Australia and are governed on a State-by-State basis. In New South Wales, Surrogacy Arrangements are dealt with under the Surrogacy Act 2010.

There are a number of key points in the Surrogacy Act, the most important being:

  1. That a Surrogacy Arrangement must be altruistic and no money (other than reimbursement for medical expenses) must be paid to the Surrogate.
  2. That a commercial Surrogacy Arrangement is illegal.
  3. That there must be a demonstrated medical or social need for the Surrogacy Arrangement.
  4. That the Surrogacy Arrangement must be in writing.
  5. That the Surrogacy Arrangement is non-enforceable.
  6. That counselling and legal advice must have been received by all parties before entering into the Surrogacy Arrangement.
  7. That a independent counsellor is to be appointed after the birth of the child to assess whether the Surrogacy Arrangement is in the child’s best interest.

There are a number of other important matters that the Surrogacy Arrangement must touch on, which will be the subject of future blog posts.

If you are considering Surrogacy as an option, we can assist you through this process by:

  • Providing the Intended Parents with advice in relation to the Surrogacy Process
  • Providing Surrogate or Birth Mother with advice in relation to the Surrogacy Process
  • Drafting Surrogacy Arrangments
  • Providing advice and guidance in relation to making an application for parentage orders in the Supreme Court of New South Wales

We believe in plain language and practical advice, so that the options available to you and our recommendations are clear, simple and affordable.

For more information on our services and quotes on our professional fees, please complete the Quick Enquiry Form. One of our experienced lawyers will contact you to explore how we can assist you in relation to your Surrogacy Arrangement.

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