Surrogacy is regulated in most Australian states & territories. This means there is no uniform law nationally. Currently, there are no surrogacy laws in the northern territory, Victoria and South Australia have progressed significant reforms recently.
- Commercial surrogacy is illegal in Australia
- Only Altruistic surrogacy is permitted and the intended parents have to cover all expenses for the surrogate incurred until birth of the child.
Why surrogacy in Australia?
- While success rates are not as high as compensated programs because of a shortage of well-screened surrogates and donors, you will be able to develop a close and meaningful relationship with your surrogate
- Surrogacy Australia Support Service-
The SASS program enrolls surrogates only after extensive health and psychological screening. They have partnered with some of the best IVF clinics around the country and this program can provide support and assistance to intended parents during their surrogacy journey.
- Legal Transfer of Parentage-
Infants born via Australian surrogacy go through a transfer of parentage, which puts the commissioning parent(s) on a new Australian birth certificate, recognising them as the legal parent.
Criteria for becoming a surrogate in Australia
Potential surrogates should fulfil the below criteria
- Be at least 25 years old
- Have given birth to a live child before with no history of pregnancy-related complications or illness.
- Must not have any psychiatric disorders.
- Must be ready to undergo detailed testing.
- Must agree to abstain from intercourse with her partner prior to embryo transfer.
- Willing to help the intended parents
- Must not receive payment other than the reimbursement of her expenses
A brief insight into the surrogacy process in Australia
Once the surrogate is finalized, she will then undergo a medical review under the supervision of a professional fertility specialist. They will then conduct an independent assessment.
The surrogate mother would then be taken through counseling with her partner and with the intended parents where all parties agree on their ideas and expectations regarding the surrogacy journey.
Independent legal advice is required to be sought by all parties. Most Australian clinics have an ethics approval process prior to first embryo transfer.
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