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Surrogacy Process And The Law In Australia

The prospect of having a baby is a source of joy and excitement. But it can also cause stress, as for the 21% of Australian couples affected by infertility or same-sex couples. This is why many people struggle to expand their families. Fortunately, one can also become a parent through surrogacy in Australia. In this case, […]

Surrogacy Process And The Law In Australia

Surrogacy Process And The Law In Australia

By aylwardgame - Dec 15, 2020 surrogacy laws

The prospect of having a baby is a source of joy and excitement. But it can also cause stress, as for the 21% of Australian couples affected by infertility or same-sex couples. This is why many people struggle to expand their families. Fortunately, one can also become a parent through surrogacy in Australia. In this case, there is often an agreement between a woman who will give birth to the child (the surrogate mother) and future parents. And as with any big decision, there are essential surrogacy laws in Australia, financial, emotional, and health factors at play, not to mention COVID-19. Before you begin your steps, make sure you know your options.

What is surrogacy?

Your child’s birth is imminent – and you are not pregnant at all. Expectant fathers know this, but it is unusual for mothers. If another woman carries your baby, one speaks of surrogacy. Surrogacy is allowed in some countries, such as Australia, Ukraine, India, and some US states. Hormonal disorders, organic malfunctions, scarred fallopian tubes, a missing uterus, diseases such as endometriosis, or being too old can be why couples choose surrogacy. Surrogacy can also be an issue for homosexual men looking to have a child.

Which requirements must be met?

If future parents also want to be genetic, they must undergo numerous examinations:

  • Various blood and hormone tests
  • Ultrasound
  • Tests for congenital abnormalities and sexually transmitted diseases

The surrogate mother will also have to undergo multiple examinations to ensure she is eligible for the pregnancy. When selecting the surrogate mother, the agencies provide that the blood type and Rh factor are compatible with the egg donor.

Requirements for the surrogate mother

On the Internet, it is advertised that the women available maintain a healthy lifestyle, are physically and mentally fit and are between 18 and 35 years old. Another requirement is that each surrogate mother has already given birth to at least one healthy child. During pregnancy, women are not allowed to smoke or drink alcohol and, according to the agencies, receive immediate medical care.

How does surrogacy work?

In Australia, where surrogacy is allowed, searching for a surrogate mother is mainly done through agencies. The couples then choose a surrogate mother or egg donor using a catalog. This means that the team knows what the surrogate mother will look like. And it can choose an egg donor that looks similar to the future social mother to increase the likelihood that the child will also look like prospective parents.

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1. Advice and hormonal treatment

This is followed by counseling, usually with legal advice and preliminary medical examinations. Only then are the egg donor and surrogate mother’s cycles synchronized with the help of hormones. In the case of the surrogate mother, the structure of the uterine lining is prepared with estrogen preparations. The egg donor’s ovaries are stimulated to allow several follicles to mature parallel to remove as many fertilizable eggs as possible. These are fertilized in the laboratory with fresh or thawed sperm.

2. Insertion of the embryo

The choice of embryos can be made utilizing pre-implantation diagnostics. The roots are examined for genetic damage. The selected seed is placed in the surrogate mother’s uterus using a tube. Two weeks later, a pregnancy test shows whether the implantation was successful. If not, the next embryo is thawed and inserted. The fertility rate after artificial insemination is 15 to 20 percent per treatment cycle. All examination findings and ultrasound images are shared with the soon-to-be parents during pregnancy.

3. Recognition of parenthood

Couples in Australia can also have surrogate motherhood carried out abroad. However, the couple must obtain comprehensive legal advice for the baby to enter Australia and recognize parenthood to work. Just because agencies advertise that everything is running smoothly doesn’t mean it has to be. The Australian representations in write on the subject of surrogacy: “At best, processing times of several years must be expected, which will pass until there is a legal basis and the necessary approvals for the child to join them in the context of a foster relationship (possibly with the aim of a later adoption). ”

Is surrogacy legal in Australia?

Surrogate parenting in Australia is complicated by a range of law that often conflicts between jurisdictions. A surrogate parent can be a personal contractual matter between the parties involved, which does not include payment, or can be a commercial agreement between the parties concerned. This process differs from adoption both legally and in practice.

In Australian surrogacy law, for example, people who wish to enter into a voluntary surrogacy arrangement with a gestational carrier must enter into a valid ‘Surrogacy Arrangement Agreement.’ Certain pre-conditions apply to these agreements:

  • The surrogate origin mother must be at least 25 years of age and have previously given labor to a child;
  • The agreement must be in writing and approved by all related parties;
  • The parties must indicate that they have spoken to a counselor and received legal advice from a solicitor at least three months before signing the agreement.
  • The parties must obtain advice from a lawyer before entering into a surrogacy arrangement and on for a Parentage Order.
  • A lawyer must not guide both the birth mother and the couple seeking surrogacy arrangements, as this amounts to a clash of interest;
  • The parties must medically verify to determine that they can be parents to a child born to a surrogate. It should be remarked that Australia expressly excludes age as a valid reason to prohibit a person from attempting the care of a surrogate child.
  • The Reproductive Technology Council must approve the agreement between the parties.
  • This authorization must be in place before the birth mother becomes pregnant, or the contract will be invalid. The parties may expect additional criteria if a fertility clinic is involved.

Pros and Cons of Surrogacy: Intended Parent (s)

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Benefits of surrogacy 

  • It will build your family.

This is not just a pro, but the reason for surrogacy in the first place! Not all parents can hold a baby on their own. However, with fertility procedures and surrogacy, it is possible to bring new life to your family.

  • Surrogacy allows a genetic link.

Many parents are drawn to the substitution option because of one major factor: it allows their child to be a genetic parent. While this isn’t always an option – some parents also use sperm and egg donors – it’s a draw for many.

  • You are involved every step of the way.

With surrogacy, future parents can communicate with their surrogate mother, attend doctor’s appointments and be present for the birth. It’s a reassuring and exciting way to stay involved and makes the transition to baby easier.

  • The process is simple.

At this point, surrogacy is a well-known and considered family-building option that the pros have at a science. There will be contracts to sign and lawyers to work with, which will protect both your family and your surrogate. It’s a very streamlined method, and your agency will help you navigate it.

  • It works!

The process of selecting a substitute is extensive. The one you choose will be healthy and has given birth to children. This allows for a smoother experience with much higher success rates!

Disadvantages of surrogacy

  • It can be expensive.

Surrogacy is not free. There are many costs to keep in mind when embarking on this journey, from legal fees to the cost of the actual IVF procedure and everything in between. However, agencies like Extraordinary Conceptions work with Intended Parents.

  • Logistics can be overwhelming.

Although the surrogacy process is well organized, it can be overwhelming for some. Working with lawyers, healthcare professionals, and a surrogate mother herself can be very difficult for some. That’s why agencies like Extraordinary Conceptions are sure to provide resources for expectant parents. We are in your corner!

  • There are emotional complexities.

Fertility and family planning are emotional topics and can bring all kinds of feelings to the fore. During your surrogacy journey, there may be some emotionally challenging times, conversations, and decisions to be made.

Different forms of surrogacy

In what is known as gestational surrogacy, the intended child is also the genetic child of the couple. The future mother has an egg removed, fertilized by her partner in the laboratory, and then inserted into the surrogate mother’s uterus. The child is, therefore, not related to the woman who gives birth to it. But there is another form of surrogacy: If the future mother cannot contribute an egg, the surrogate mother usually donates an egg herself, fertilized with the prospective father’s sperm, or, more rarely, a stranger. In this case, she is the birth mother but gives the child to his father and partner.

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What is commercial surrogacy in Australia?

We speak of commercial surrogacy in Australia when the future parents pay the surrogate mother directly for her services. In this case, the surrogate receives more than the expenses she incurred. However, you should know that this practice is restricted to the country.

Surrogacy is handled differently around the world. In some countries, like Germany, surrogacy is not legally allowed. In other countries, however, such as Australia, it is honestly the surrogacy laws in Australia. But only if the surrogate mother is not paid for her services. Such surrogacy is known as altruistic surrogacy. The surrogate mother offers her body voluntarily and for selfless motives. In Ukraine, some US states, and other countries, not only generous but also commercial surrogacy is allowed. With this, the surrogate mother is financially rewarded for her pregnancy.

How much does surrogacy cost in Australia?

You can predict that surrogacy in Australia will cost anywhere from $15,000 to over $100,000. The primary variable is the cost of fertility treatment, which will depend on what sort of treatment you need, the success of any treatment, and when the surrogate is pregnant.

How are the surrogate mothers?

The surrogate mother’s situation has only been scientifically investigated in relatively few cases. According to these few studies, most women are altruistically motivated even when paid to conceive. Most did not suffer from handing over the child. Some stayed in contact with the new family for years. But some women found it difficult to let go of the child after birth. For some, giving the child away was painful even a year later.

Whether you are prepared to start a family or help someone else achieve their dreams, your friends at Aylward Game Solicitors are here to guide you through the surrogacy process and provide you with an enjoyable experience. We are always available to accompany you during this sensational time. Get in touch with us today, and we’ll resolve your questions and help you start a new chapter in your family life. Aylward Game Solicitors lawyers will ensure that all parties understand the law and are on the same page. It’s about ensuring everyone shares the same vision, and that [the surrogate mother] has a positive experience. “You may also have a counselor on your team who will prepare you for the financial implications of surrogacy. His advice will allow you to adapt your plan along the way.


Surrogacy Law QLD