Surrogacy in Australia
Surrogacy in Australia is governed by the laws and regulations of the individual states, which the intended parents must familiarize themselves with before proceeding.
Each state has its own set of laws and regulations governing surrogacy programs permitted within its legal jurisdictions. Now, before signing up with any surrogacy agency in Australia, the intending parents must conduct all the required research and investigation in this context.
To make it easier and simpler for you, we have listed down all the major elements and aspects that could prove crucial in your surrogacy journey in Australia. Moreover, during surrogacy in Australia, a person is qualified to commission a surrogate if they meet the following criteria:
- Due to an infertility issue or other reasons, the intending mother is unlikely to become pregnant, carry a pregnancy, or give birth
- Multiple attempts to transfer a genetically normal embryo have failed
- The intended father is a single man or a man in a same-sex relationship.
Is surrogacy legal in Australia?
Surrogacy is legal in Australia; however, each state has its own set of laws and regulations for managing and monitoring all surrogacy operations that fall under its legal jurisdiction. The intended parents might seek for parentage to be transferred to them under the Surrogacy Act of 2011. The kid is presumed to be the child of the surrogate mother in Australia until the parentage order is legally enforced.
A Central Register for donors and donor-conceived offspring was established by the NSW Health Department in 2010. Donors and children born via ART therapy utilizing donated gametes and surrogacy are included in the NSW Health Central Register.
If a surrogate kid reaches the age of 18, he or she will be allowed to view some information on the register. Apart from having their own legal frameworks, all of these states adhere to the same set of fundamental principles, which are outlined below.
- Before deciding on a surrogacy program, couples must demonstrate that they are unable to conceive or carry a child on their own, as well as provide the necessary documentation (not applicable for few states)
- Regardless of the agreement made with the intended parents, the surrogate mother in Australia has complete control over her health and well-being throughout surrogacy programs and is free to make decisions in this regard.
- Commercial surrogacy is prohibited in all Australian jurisdictions, and surrogate mothers cannot be compensated to bear a child for someone else.
- In all states, only altruistic surrogacy is authorized, and the intended parents must fund all of the surrogate mother’s expenditures, including pregnancy, delivery, and additional medical expenses.
Once the baby is born, the surrogate mother and her partner will be identified as the legal parents of the child in the state of birth. The intended parents must then petition the court for child custody, which is how they can become the legal parents of the kid born.
You may use the table below to obtain a better understanding of the surrogacy regulations in different Australian states.
Eligibility criteria to become a surrogate mother in Australia
At Surrogacy Consultancy, our partner surrogacy clinics in Australia have a number of parameters that must be met before we may offer surrogacy to minimize the risks to both the intended parents and the possible surrogate. Moreover, all of the following conditions must be met by the surrogate mother in Australia:
- She must be over the age of 25 but under the age of natural menopause (52 years of age). In the unusual scenario of a gestational surrogate who is the intended parent’s mother or mother-in-law, this may be extended to 55.
- She must have already had a child of her own.
- Have no previous diseases or difficulties connected to pregnancy
- Have a relationship with the intended parent that has been formed for at least 6 months at the time of embryo transfer.
- Neither the surrogate mother in Australia nor the intended parents have any serious psychological disorders that would prevent them from making decisions or caring for the kid.
- Although a third-party egg donor is permitted, the surrogate must not utilize her own eggs.
Searching, Coordinating and matching a surrogate mother in Australia
As per the surrogacy laws in Australia, the woman must choose to be a surrogate for altruistic reasons. When the birth mother receives no compensation other than a reasonable reimbursement of medical expenditures related to the pregnancy and birth, it is referred to as altruistic surrogacy.
You must locate your own surrogate as a prospective parent. It’s against the law to advertise for a surrogate mother in Australia, and you can’t pay someone to be your surrogate. It’s also against the law for a woman to advertise her willingness to serve as a surrogate mother.
How surrogacy in Australia works?
Initial consultation – the intended couple (or person) and surrogate meet with the experts of surrogacy consultancy
Initial tests and diagnosis – An independent physical and mental health evaluation of the surrogate and the intended parents may be required.
Counseling – The intended parents, the surrogate, and her partner would be counseled on various aspects related to their tests and diagnosis reports.
Independent legal counsel – a formal counseling session that also talks about the surrogacy agreement stating that both parties have been instructed on their rights and duties is required.
Our partner IVF clinics in Australia would then initiate with the IVF process which would further include the embryo transfer procedure.
If the intended mother wants to use her own eggs, they will be gathered after an IVF treatment cycle and fertilized with her partner’s sperm. After that, the embryo will be implanted into the womb of the surrogate mother in Australia.
After the pregnancy has been confirmed, our professional counselors will continue to discuss and finalize birth arrangements.
Under the Surrogacy Bill 2010, the infant is assumed to be the child of the surrogate mother in Australia until the intended parents’ parentage order enters legal effect.
What is the cost of surrogacy in Australia?
The cost of surrogacy in Australia will vary based on the specific surrogacy plan. During your initial medical consultation, our professionals at surrogacy consultancy will conduct a thorough discussion in the same regard.
Still, the overall cost would depend on the medical care fees, logistics, transportation costs for intended parents, egg donor or sperm donor costs,s, and other related expenses.
At Surrogacy consultancy, you can expect to receive the best services and treatment options to realize your parenthood dreams in the best manner possible. Talk to our experts today for a free consultation!