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surrogacy australia
28 Sep 2020

Surrogacy Laws in Australia

By Family Lawyers Mackay, 28 Sep 2020
Legal Help, Surrogacy law

Surrogacy explained:

The word surrogate means that a person trying to achieve output for another person. This person is simply a replacement. So in surrogate parenting, a married couple finds a substitute person to carry their child. Usually, these are parents who are not wanting to bear the child themselves. They can be physically unfit or they might have some medical illness that can be transferred to their child. 

For this purpose, a healthy surrogate mother is found. Thanks to advancement in medical technology, there is no need for physical contact between male parent and the surrogate mother. Sometimes both the egg and the sperm are from the couple and the third person just carries their child. But commonly the egg is from the third person. 

The surrogacy laws in Australia are complicated. This process can personal contractual between parents and the surrogate where payment is not involved. Or it is a commercial agreement. The agreements of commercial surrogacy in Australia have some pre-conditions, the conditions are

  • The surrogate volunteer should be at least 25 years of age and less than 38 years. And she should have given birth to at least one child.
  • There should be a written agreement signed by all parties involved.
  • The parties must have spoken to a counsellor. They also have to take legal advice from a solicitor at least 3 months before signing the agreement.
  • You will have to obtain advice from a solicitor before surrogacy and before applying for parenting orders.
  • You must be medically assessed to be parents to the child born to a surrogate.
  • The Reproductive Technology Council must approve the agreement of surrogacy.
  • This agreement must be signed before the surrogate becomes pregnant. There can be other conditions if a fertility clinic is involved. 

What is surrogacy? 

The introduction of your youngster is inevitable – and you are not pregnant by any means. Eager dads know this, yet it is uncommon for moms. If another lady conveys your child, one talks about surrogacy. For example, in individual nations, Australia, Ukraine, India, or some US states, surrogacy is permitted. Hormonal issues, natural breakdowns, scarred fallopian tubes, a missing uterus, illnesses, for example, endometriosis, or being too old can be the reasons why couples pick surrogacy. Surrogacy can likewise be an issue for gay men hoping to have a youngster.

The parenting order:

Surrogacy in Australia has different rules. The parents arrange a surrogate to give birth to their child. They will have to apply for a parenting order from the court. The time of this application is different in different states. For instance, in the Family Court of Western Australia, this application is submitted after 28 days of the birth of the child, and it should be before 6 months after the birth. 

In this order, the court looks for the best interest of the child. In many cases, the arranged parents are made the official parents of the child. The result of this parenting order is that the arranged parents will be treated as the original parents of the child. 

Is surrogacy legal in Australia?

The surrogacy laws in Australia are a bit complex. They might vary from state to state. We have tried to explain the basic implementation of surrogacy laws in Australia.

There are two types of surrogacy one Altruistic surrogacy and commercial surrogacy. 

In Altruistic surrogacy, a woman carries the child of married couples as a volunteer she does not makes any profit out of it. This type of surrogacy is not illegal in Australia. However, it is not legal for singles or gay couples. 


By consulting one of our accredited family law mackay specialists.

Commercial surrogacy is illegal in all parts of Australia, it is legal in only Northern territory as there are no legislations. You cannot make a profit through surrogacy. 

You can do commercial surrogacy at the international level where a professional surrogacy agency is involved. In Queensland, New south wales, and in the ACT the international commercial surrogacy is also illegal. In 2014 a handicapped child was born to a gestational carrier, after this event the surrogacy was banned in Thailand. It was a good source of surrogate mothers for Australian couples. Still, it is thriving in most jurisdictions. 

Commercial surrogacy must be international or trans-national. Which can be a problem for many Australian families. The Australian Department of Home Affairs has the responsibility to look after surrogacy in Australia. But the Australian government has given some support by reducing travel and medical expenses. 

In Australian surrogacy law, for instance, individuals who wish to go into an intentional surrogacy game plan with a gestational transporter should go into a legitimate ‘Surrogacy Arrangement Agreement.’ Certain pre-conditions apply to these arrangements: 

  • The surrogacy cause mother should be in any event 25 years old and have recently offered work to a kid; 
  • The understanding should be recorded as a hard copy and affirmed by totally related gatherings; 
  • The gatherings need to show that they have addressed an advocate and gotten legitimate counsel from a specialist in any event three months before consenting to the arrangement. 
  • The gatherings should get counsel from a legal advisor before going into a surrogacy course of action and on for a Parentage Order. 
  • An attorney should not guide both the birth mother and the couple looking for surrogacy plans as this adds up to a conflict of interest; 
  • The gatherings should be medicinally confirmed to establish that they can be guardians to a kid destined for surrogacy. It should be commented that Australia explicitly bars age as a substantial motivation to preclude an individual from endeavoring the consideration of a surrogacy youngster. 
  • The Reproductive Technology Council should affirm the understanding between the gatherings. 
  • This approval should be set up before the birth mother gets pregnant, or the agreement will be invalid. There might be additional rules expected by the gatherings if a ripeness center is included. 

surrogacy australia
Surrogacy Laws in Australia

How much does surrogacy cost in Australia?

The cost of this process varies from state to state. When a woman is ready to help you in giving birth to your child, you will have to take care of all of her needs. You must bear the cost of her medical expenses and some other basic needs that a pregnant woman needs. Also, you will be responsible for her delivery charges. This cost can be anywhere between 15,000 dollars and 120,000 dollars. This is the surrogacy Australia cost.  

Also, if it is a commercial surrogate the price starts at least from 70,000 dollars. 

Advantages and Disadvantages of Surrogacy

Advantages of Surrogacy

  • It will fabricate your family. 

This isn’t only a master, however the purpose behind surrogacy in any case! Not everything guardians can hold an infant all alone. Notwithstanding, with ripeness techniques and strategies like surrogacy, it is conceivable to carry new life to your family. 

  • Surrogacy permits a hereditary connection. 

Numerous guardians are attracted to the replacement alternative because of one primary consideration: it permits their kid to be a hereditary parent. While this isn’t generally a choice – a few guardians likewise use sperm and egg benefactors – it’s a draw for some. 

  • You are associated with consistently. 

With surrogacy, future guardians can speak with their substitute mother, go to physical checkups and be available for the birth. It’s a consoling and energizing approach to remain included and makes the change to the child simpler. 

  • The cycle is straightforward. 

Now, surrogacy is a notable and considered family assembling choice that the aces have at a science. There will be agreements to sign and legal advisors to work with, secure both your family and your surrogacy. It’s a smoothed-out technique, and your office will be there to assist you with exploring it. 

  • It works! 

The way toward choosing a substitute is broad. The one you pick will be sound and has brought forth youngsters previously. This takes into account a smoother experience with a lot higher achievement rates! 

Disadvantage of surrogacy 

  • It very well may be costly 

Surrogacy isn’t free. There are numerous costs to remember while leaving on this excursion, from lawful expenses to the expense of the simple IVF system and everything in the middle. Nonetheless, organizations like Extraordinary Conceptions work with Intended Parents. 

  • Coordinations can be overpowering. 

Although the surrogacy cycle is efficient, it tends to be overpowering for a few. Working with attorneys, medical care experts, and a surrogacy mother herself can be extremely hard for a few. That is the reason organizations like Extraordinary Conceptions make sure to give assets to hopeful guardians. We are in your corner! 

  • There are enthusiastic complexities. 

Richness and family arranging is a passionate theme and can carry a wide range of emotions to the front. During your surrogacy venture, there might be some genuinely testing times, discussions, and choices to be made.

What is the profile of those who attend surrogacy?

Between  70 and 80% of the people who use this technique are heterosexual couples who cannot carry a child naturally due to physical or health problems: the woman may not have a uterus or have some difficulty in the same as injuries or malformations that prevents pregnancy. The rest are couples of gay men or single men, and to a lesser extent, single women.

How can Mackay family lawyers help?

In surrogacy, there is a need for a proper legal agreement. We will create an authentic agreement for you. After the birth of the child, you will have to apply for a parenting order to become the official parents of the child. It is easy to get this order but sometimes it can get complex. We can help you to get out of this problem.


By consulting one of our accredited family law mackay specialists.

A problem of discharge order can also arise. In this order, an interested person will apply for a discharge order. In this order he may claim that surrogacy was done to gain profit If it is granted then you will no longer be parents to the child. It is not good to take away the child from his parents, If you work with us you will not have to worry about this issue. 

Parental Responsibility – What is equal shared parenting?

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