Do You Need A Surrogate Or An Adoption? Find Out What You Need To Know Here

April 8, 2024    Familylawyers
Do You Need A Surrogate Or An Adoption? Find Out What You Need To Know Here

In many cases, couples may choose to opt out of traditionally conceiving a child. Giving birth may not always be viable, especially for queer and same-sex couples. In such cases, adoption and surrogacy can be two practicable solutions. However, deciding which is better for you requires a close look into what each entails and the laws surrounding them.

Talking to some of the best family lawyers in Perth can help simplify the decision. Meanwhile, this article covers all the important things you must know before you decide on either surrogacy or adoption.

What are the basic laws of adoption?

Adoption entails the biological parents of a child surrendering their parental rights and responsibilities to another person permanently. Australia maintains the practice of open adoptions where the child has full access to the knowledge that they are adopted and know of or sustain a relationship with their cultural heritage and family of origin.

The Adoption Act of 1994 oversees the services for adoption in Western Australia, and it is based on the United Nations Convention on the Rights of the Child. Consulting a child adoption lawyer in Perth can help you understand the laws better for informed decision-making.

What makes you eligible to adopt a child?

In Western Australia, to be able to adopt a child, you must meet the following criteria:

1. Must be over 18 years
2. If you’re married or in a de facto relationship, you must have been in that relationship for at least 3 years
3. Must be residents of Western Australia
4. If you’re applying as a couple, at least one person should be an Australian citizen. The other person must be a citizen of a country with similar adoption rights.
5. You must be mentally and physically able to care for the child until they are 18
6. You should be willing to support the child’s relationship with their birth parents and cultural origins if possible and appropriate.

All of these apply to single people, same-sex couples as well as people with children. Apart from these, the child’s views are also considered. In fact, children of 12 and above are required to provide written consent before they are adopted. However, this may be overruled in exceptional cases by the Supreme Court if they see that the adoption is in the child’s best interest. It is best to consult an adoption lawyer in Perth to outline all the clauses, responsibilities, and adoption details in Western Australia.

What are the basic laws of surrogacy?

Surrogacy involves arranging a childbirth through a third party, who is the child surrogate or birth mother. There needs to be a surrogacy contract signed between the intended parents and the surrogate mother to go through with this.

The Surrogacy Act of 2008 oversees the arrangement of surrogacy and its legalities. Of the two types of surrogacies, Altruistic and Commercial, only the former is allowed in Australia.

The rights of the child born under surrogacy are recognized under sections 60HB and 60H of the Family Law Act of 1975. Due to the numerous complications, risks and social debates that arise with the ethics of surrogacy, it is best to consult surrogacy lawyers in Perth before making any decisions.

What are the surrogacy agreements?

Unless there are rigorous checks, surrogacy can be quite risky for both the child and the birth mother. IVF Australia lays out conditions to reduce the risks associated with the process:

1. Surrogate mothers should be older than 25 years and younger than 52 (the natural deemed age for menopause)
2. They must have already given birth to their own child.
3. They should not have a history of pregnancy-related ailments or complications.
4. A surrogate mother must have an established relationship of 6 months with the intended parents before embryo transfer.
5. Surrogate mothers and intended parents should not have serious mental health issues affecting their ability to make decisions.
6. Surrogate mothers cannot use their own eggs.

Post birth, the intended parents are required to apply a Parentage Order to their court in the state they live in.

Summing up

Choosing to take on the responsibility of children is a serious commitment that parents must be fully prepared to uphold. That’s why, before deciding on surrogacy or adoption, it is always advisable to consult family law lawyers in Perth. Contact the team of the best Family Lawyers Perth today and get all questions answered regarding surrogacy and adoption.

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