How Surrogacy Lawyers Perth Can Assist Regarding Surrogacy Agreement?

December 1, 2020    Familylawyers
How Surrogacy Lawyers Perth Can Assist Regarding Surrogacy Agreement?

When a couple find it hard to become parents naturally, they opt for surrogacy then. This is the perfect solution to helping them become parents of a child. If you want to go for surrogacy in Perth, WA, then you must choose non-commercial surrogacy. This is because commercial surrogacy is considered illegal in Western Australia.

The former has been legalised under the Surrogacy Act 2008 in Perth WA. Non-commercial surrogacy is a complicated legal area. The top family lawyers Perth will help you throughout this complex process until its successful completion.

The Need To Make A Surrogacy Agreement

Couples pertaining to different age groups can choose non-commercial surrogacy in Perth, WA. As already said, it’s an intricate legal area that must be dealt with effectively. Certain legal requirements must be met to make the surrogacy arrangements properly. Both the parties should also know the legal verdicts after the surrogacy procedure is over.

The need to draft a surrogacy agreement lies in this regard. A top-notch surrogacy lawyer Perth is familiar with several surrogacy laws quite well. According to the Surrogacy Act 2008, your lawyer will make the best surrogacy agreement.

An Introduction To Surrogacy

The procedure of surrogacy requires a ‘surrogate’ imperatively. A surrogate substitutes either of the parties to satisfy their parenthood. The surrogate basically carries the foetus on the other person’s behalf. A person who doesn’t want to or is incapable to bear a child will definitely need a surrogate. There are many reasons for which the need for surrogates amongst women is increasing like anything. These include the following:

  • Increasing infertility in women
  • When women want to avoid bearing a child to pursue their academic/professional career and
  • If the woman’s health is jeopardized by certain health issues

Surrogacy lawyers Perth WA are knowledgeable about the various surrogacy laws and their nitty-gritty. Keeping in mind the requirements of both the spouses, they will draft the choicest surrogacy agreement accordingly.

Surrogacy: The Procedure

The procedure of surrogacy basically involves the insemination of a fertilised embryo of the surrogate mother. The former is also known as the gestational carrier in another term. This procedure can be conducted safely which many couples are opting for nowadays. In certain cases, both the sperm and ovum are of the married couple. Despite this, they go for surrogacy simply because they want to avoid bearing a child naturally. Conversely, in most of the cases the egg is of the birth-surrogate or donated.

Perspective Of Australia About Non-Commercial Surrogacy

Surrogacy is an extremely complicated legal area and is often contradicted amongst the various jurisdictions. Opting for a surrogate parent is a confidential issue between both the parties. The whole procedure must be conducted via a non-commercial surrogacy process. Most importantly, there shouldn’t be any monetary transaction between them. This is because paid surrogacy is considered illegal according to the various Surrogacy laws in Western Australia. The process ranges from adoption in practice to a legally valid adoption.

Essential Criteria To Apply For A Surrogacy Agreement

A surrogacy arrangement agreement is required by certain couples opting for surrogacy in Western Australia. They must get into a voluntary surrogacy arrangement for this. A gestational carrier must comprise an indispensable part of this procedure. Aside that, there are certain criteria which both the spouses must meet before making a surrogacy arrangement agreement. These include the following:

  • The surrogacy arrangement agreement must be prepared before the surrogate mother becomes pregnant. If it’s not done then this surrogacy will be considered invalid. In case a fertility clinic is included some additional criteria may also apply.
  • Both the parties should be medically evaluated before they become the parents of a surrogated child. This will prove that they are eligible to parent a surrogated kid. Specifically, Perth, Western Australia doesn’t consider age as an imperative criterion for couples to become surrogated parents.
  • The surrogacy agreement should be approved by the Reproductive Technology Council before both the parties sign it.
  • Both the spouses should consult a lawyer and seek valuable advices from him/her before drafting a surrogacy arrangement agreement. They must also consult a legal advisor before applying for a Parentage Order. The legal professional should avoid giving valuable suggestions to both the couple and surrogate mother alike. This way the lawyer can avoid any dissimilarities in both the parties’ opinions.
  • The couple should prove that they have consulted a qualified legal professional to seek valuable advices before signing the agreement. The duration of consulting a lawyer and signing the agreement should at least be 3 months and not less.
  • The surrogacy arrangement agreement should be written and not typed. Most importantly, it should be signed by each of the pertinent parties involved.
  • The minimum age of the surrogate mother should at least be 25 years and not less. Above all, the surrogate mother should have given birth to a child previously.

Remember, that compensated surrogacy has faced a widespread criticism and has already been criminalised. This is because of the thriving international market in commercial reproductive services. This again has led to a diverse body of financial, social and legal discussions at a global scale.

Obtain A Valid Parentage Order

After going through the procedure above, it’s time to obtain a legally valid parentage order. There is a clear distinction between a surrogacy agreement and a parentage order. The former creates a legal relationship between the couple and the surrogate-mother. Conversely, the latter creates a legal relationship between the surrogate child and the pertinent parents. The application for the parentage order should be made at least 28 days after the child’s birth. Again, this duration should be less than 6 months after the child’s birth.

How Surrogacy Lawyers Perth, WA Can Help You?

A team of top-notch surrogacy lawyers Perth are highly knowledgeable and experienced in the sector of surrogacy law. So, do you also need legal assistance to draft an impeccable surrogacy agreement? Then, contact the top surrogacy lawyers in Perth Western Australia today! Apart from drafting the perfect surrogacy agreement for you, they will give you valuable legal advices. This way your lawyer will ensure that both of you get through entire legal procedure of surrogacy successfully.

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