Is Surrogacy Illegal In Australia? Know How A Lawyer Can Help

October 19, 2022    Familylawyers
Is Surrogacy Illegal In Australia? Know How A Lawyer Can Help

A surrogate is an individual who acts on behalf of another person to achieve a result. Surrogate is a word that can be considered a substitute for another individual. In surrogate parenting, one individual (the surrogate) carries a pregnancy on behalf of the other person who cannot or is unwilling to bear the child themselves.

Surrogate parenting in Australia can be complex due to various laws that keep contradicting one another in different jurisdictions. In specific cases, the use of a surrogate parent is a personal matter between people that do not involve money, but in other cases, it might be a business arrangement. Before hiring surrogacy lawyers Perth, read the guide below to learn more about surrogacy in Australia.

What Is A Parentage Order In Australia, And How Does It Work?

If the parties have followed relevant procedures to engage in a legally binding surrogacy agreement, the arranging parents have the option to apply to the court for a parentage order. As per the jurisdiction, the legislation can vary from state to state in Australia.

In Western Australia, an application must be filed with the Family court at least 28 days after the child’s birth. But it should not be more than six months after the birth of the child. When making a judgment on a parentage order, the court needs to consider what is in the best interests of that child during that time.

The arranged parents are thought to be the child’s preferred parents if supported by evidence. As per the parentage order, the biological parents can continue to be considered the child’s legal parents for eternity.

Surrogacy Vs ‘Altruistic’ Surrogacy

Surrogates who earn a profit for having a child on behalf of others are different from those who do not. This is something that is recognized by the law in Australia in wider terms. But when it comes to the law, the challenge might be defining where the boundaries between both categories might be drawn.

Altruistic surrogacy is the type of surrogacy where a woman undertakes to bear and give birth to a child without compensation other than usual home-help expenditures or medical service provisions throughout the pregnancy and delivery.

Before opting for family lawyers, you need to know that surrogacy of this kind is not considered a criminal offense in Australia. However, it is known that access to altruistic surrogacy is unavailable to single parents or homosexual couples in western and southern Australia.

Where Is Domestic Commercial Surrogacy Prohibited?

Domestic commercial surrogacy is said to be prohibited in all Australian jurisdictions except the northern territory. It is said to be against the law for an individual to be compensated for their reproductive capability or power in any way. There are no paid surrogacy services in Australia that they can contact for women who want to carry the fetus for monetary benefits.

International surrogacy is defined as surrogacy that is arranged by the services of a professional surrogacy agency. In the Australian capital territory, Queensland, and other states, acts that are related to international commercial surrogacy, like seeking a gestational carrier in another jurisdiction, are considered criminal crimes.

Surrogacy In The Real World

To be considered “fully compensated”, all the surrogacy arrangements need to be international or transnational, exposing each party involved in various and contradictory legal problems in both the home country of the surrogate and in Australia and other countries.

Australia’s Department of Home Affairs is in charge of keeping a check on international surrogacy arrangements. Many people also opt for adoption lawyers in these cases, but in the last few years, due to less overseas travel and medical costs and technological advancement, families have had more opportunities to use surrogacy services.

What Is A Parenting Order In Australia, And How Does It Work?

There are no other alternatives for arranged parents than to seek a parenting order from Western Australia’s family court if the birth mother does not want to give up the baby to them after the birth. This can be a complicated thing with various complications, mostly in cases where the birth mother has a great emotional attachment to the child and can raise the child on their own financially and emotionally.

It may be possible that the family who arranged the surrogacy might be able to get orders connected to the child living with them. They may also get orders for parenting responsibility to make long-term decisions regarding the child and other things that can help the child’s welfare. Surrogacy is a thing that is permitted by most Australian states and territories. But surrogacy needs to be performed keeping the child’s best interests in mind.

What Are The Surrogacy Laws In Western Australia?

The surrogacy agreements must be completed and signed by both the intended and the surrogate before a proper surrogacy arrangement exists in Western Australia. Before you look to hire family lawyers, in this case, the following requirements need to be met by a legitimate agreement to be considered valid:

  • The surrogate mother needs to be at least 25 years and needs to have previously given birth to a child to be able to qualify.
  • The agreement needs to be in writing and signed by all the people involved.
  • Legal assistance and counseling need to be provided to all parties.
  • The parties need to undergo a medical assessment to decide whether or not they can be eligible to be called as parents of the child delivered via the process of surrogacy.
  • Before the surrogate gets pregnant, the agreement must be authorized by the Reproductive Technology Council. The agreement must take place before the surrogate can become pregnant.

Associate Family Lawyers Perth

If you need the assistance of an expert lawyer in surrogacy cases, you need to contact Family Lawyers Perth. They can help provide you with the best lawyers who can provide you with the proper legal advice needed before surrogacy and in making agreements regarding the process. You can contact this firm if you need help with legal issues in surrogacy cases.

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