Commercial Surrogacy And Adoption In Australia: Benefits In Future

October 1, 2021    Familylawyers
Commercial Surrogacy And Adoption In Australia: Benefits In Future

Surrogacy and adoption are two common ways parents consider when they are unable to take biological children. While surrogacy requires a woman to carry a fetus for another woman, adoption involves more legal procedures where a married or unmarried couple takes the parental responsibilities of a child through legal papers.

Commercial surrogacy is not legal in Australia, and thus any incident related to it will be deemed a criminal offense. Even top surrogacy lawyers Perth cannot do anything. This blog discusses the meaning of surrogacy, the potential benefits of commercial surrogacy, and the advantages of adoption.

What Is Surrogacy?

By definition, ‘surrogate parenting’ occurs when one person carries a fetus on behalf of another person. It may be required when a woman cannot bear a child themselves because of one of the reasons.

  • The woman is unwilling to bear a child for career considerations.
  • The woman may be infertile.
  • Or, the woman may have lost the capability because of any disease or illness.

From the medical perspective, the process of surrogacy involves much less risk, where a fertilized embryo is put into a healthy surrogate mother. Sometimes both sperm and egg may come from a healthy married couple who, for some personal reasons, may want a third person to carry the fetus. However, in the most common cases, the egg is either from the birth surrogate or donated.

Surrogate parenting in Australia is pretty complicated because of the various laws imposed, which give rise to conflicts between jurisdictions. The use of surrogacy may or may not involve any payment. Whenever there is any payment involved, it is termed ‘commercial surrogacy.’ This process is highly different from the process of adoption.

Commercial Surrogacy Vs. Altruistic surrogacy: The Situation In Australia

  • When a woman (surrogate mother or gestational carrier) agrees to carry the baby in her womb and surrender the child after the birth in exchange for no payment, it is called altruistic surrogacy. This type of surrogacy is legal in Australia and, therefore, relatively common. Though the woman cannot charge for the surrogacy, she can ask for some home-help costs or medical provisions like pregnancy and delivery charges.
  • However, altruistic surrogacy is banned for both gay couples and single people in Western Australia and South Australia.
  • On the other hand, commercial surrogacy is illegal under all Australian jurisdictions. It means a woman cannot receive any payment for their reproductive service. That is why there is not a single compensated surrogacy agency operating in Australia.
  • The Australian authority sees the tendency to commercialize surrogacy as exploitative because, in many cases, economically poor women feel pressure to carry a baby in exchange for money.

What Is The Process Of Adoption?

When a person or a couple adopts a child, they become the child’s legal parents and subsequently, the child becomes a family member. It is a legal and permanent settlement.

An adopted child will have the same rights as the biological child. For example, they can take the surname of their new parents and can inherit their property. Once the child is adopted, their biological parents do not have the legal rights or responsibilities for the child.

For help with the entire application procedure, you can hire a professional adoption lawyer Perth firm.

How Does The Adoption Process Work In Australia?

You should first understand that the application procedure can be complicated and lengthy whenever you want to adopt a child in Australia. There are many things involved in the process, including medical checks, police verifications, checks on how you work with children.

These are done to assess your suitability as a parent. So, it will be better to go to relevant training sessions before adopting a child. For assistance, you may consult a child adoption lawyer. The process may be different in different territories and states. So, it will be necessary for you to check their government websites.

What Are The Benefits Of Adoption?

An adoption offers several benefits to the child, which are mentioned here.

  • The child gets a permanent family and hold, which gives them a sense of security and identity.
  • Compared to temporary care arrangements, adoption will be a better option for a child’s emotional well-being and development.

It can be a fulfilling experience for the parents too. If you cannot have biological children, adoption gives you the chance to provide care and raise a child.

Can Legalizing Commercial Surrogacy Be Beneficial?

Even though commercial surrogacy assures the surrogate mother decent money, there is always a fear of repetitive exploitations. However, if legislation is put into place and highly trained and registered health professionals openly undertake the process in monitored and licensed premises, it can be beneficial.

  • The legislation can protect the health of both the baby and the surrogate mother.
  • Disputes may occur in a later phase. For example, the surrogate mother may not want to give the child, or the commissioning parents may refuse to pay the surrogate. In such cases, this legislation can resolve disputes.
  • The legislation also ensures proper record-keeping, which will be necessary for the future welfare of the child. Currently, adopted children have gained the right to know their biological parents.
  • When a child is born out of surrogacy in Australia, they will be treated as Australian citizens, and their parents will need to fulfil their legal responsibilities. It may not happen if the child is born overseas.
  • In some Australian states, the legislation permits altruistic surrogacy with provisions for legal responsibilities and paper documentation. In the state of Victoria, children born from surrogacy can know the name of their father once they become adults.
  • So, if commercial surrogacy is legalised with accessible and open information, surrogate children can have similar rights to know their identity and parentage while getting protection from the law.

Final Words

As surrogacy and adoption application procedures are complicated, it will be better to discuss the matters with a law person. Family Lawyers Perth WA is a top-rated law firm that has been serving clients for years. Whenever you contact them, they can provide you with the best references.

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