Surrogacy Law Specialists
Whether you are a surrogate mother, or the intended parents of a child born by surrogacy, a Stacks family lawyer can help you to understand your rights under the law.
Surrogacy is when a woman bears a child for someone else. In NSW commercial surrogacy is illegal, meaning that a woman cannot be paid to have someone else’s child. But altruistic surrogacy is legal, where a woman chooses to bear a child for someone else as a selfless act, with no monetary gain.
Issues around parenting rights for children born through surrogacy can be tricky and it is important that you understand your rights before you enter into an agreement. As part of the Surrogacy Act 2010 (NSW) it is a requirement that all parties must have received legal advice from an Australian legal practitioner before they can enter into a surrogacy agreement. Stacks will treat your private matter with the utmost respect, compassion and confidentiality.
Key features of the Surrogacy Act 2010 (NSW):
- Commercial surrogacy is illegal in Australia, and it is also illegal to engage a commercial surrogate in another country
- The surrogate mother is entitled to have all their expenses paid by the intended parents, including medical, legal and counselling bills
- The surrogate mother must be 25 years of age or more
- All parties must receive legal advice and counselling
- All parties must have given informed consent prior to conception
- The intended parents can gain full parenting rights by applying for a parentage order 30 days after the birth of the child. Once granted, this means that the intended parents become the legal parents of the child and the birth mother no longer has any parenting rights
- The genetic information of the child must be stored on a central register, which they are legally entitled to discover once they are 18
Need to speak to a family lawyer about a surrogacy issue? Call us today
