Question 1

What is Surrogacy?

Accepted Answer

Surrogacy is the process by which a woman agrees to carry and give birth to a child on behalf of another person or couple. There are two types of surrogacy: traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate mother is inseminated with the intended father's sperm, either through artificial insemination or natural conception. The resulting child is genetically related to the surrogate mother. In gestational surrogacy, the surrogate mother carries an embryo that has been created using the intended parents' or donors' eggs and sperm. The resulting child is not genetically related to the surrogate mother.

Question 2

Who can become a surrogate mother in Australia?

Accepted Answer

In Australia, only altruistic surrogacy is permitted, which means that a woman cannot be paid to be a surrogate. The surrogate mother must be over 25 years old, have given birth to at least one child, and have completed a medical and psychological assessment.

Question 3

What are the ethical concerns around surrogacy?

Accepted Answer

There are concerns about the exploitation of women, the commodification of children, and the possible risks to the health and well-being of surrogate mothers. Therefore, it is crucial to ensure that surrogacy arrangements are undertaken with informed consent, transparency, and protection of the rights of all parties involved.

Question 4

How can I undertake surrogacy in Australia?

Accepted Answer

Surrogacy in Australia requires careful planning and consideration, as well as legal and medical advice. It is recommended to seek guidance from professionals in the field, such as surrogacy agencies, fertility clinics, and legal practitioners.

Question 5

How much does surrogacy cost in Australia?

Accepted Answer

The cost of surrogacy in Australia can vary greatly, depending on factors such as the type of surrogacy arrangement, medical expenses, legal fees, and insurance. Altruistic surrogacy is generally less expensive than commercial surrogacy, but it still incurs significant costs.

Question 6

Can a surrogate mother change her mind about giving the child to the intended parents?

Accepted Answer

In Australia, the surrogate mother cannot change her mind about giving the child to the intended parents if a surrogacy agreement has been entered into, and the legal requirements have been met. However, there have been cases where disputes have arisen, and legal proceedings were required to determine the custody and parentage of the child.

Question 7

What are the risks associated with surrogacy?

Accepted Answer

Surrogacy carries some risks, such as medical complications during pregnancy and childbirth, as well as emotional and psychological challenges for all parties involved. It is important to consider these risks and seek professional advice and support throughout the surrogacy journey.

Question 8

What legal considerations should I be aware of in surrogacy arrangements?

Accepted Answer

Legal considerations in surrogacy arrangements include the legal status of the intended parents and surrogate mother, the recognition of parentage, custody and visitation rights, and the legal implications of international surrogacy arrangements. It is recommended to seek legal advice from professionals in the field to ensure that the surrogacy arrangement is legally compliant and transparent.

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Legal Parentage in Surrogacy Arrangements: What You Need to Know

Information on Surrogacy Law In Australia

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