Surrogacy and Adoption are highly complex, emotionally charged events with crucial legal implications across your life. Ask Antunes Lawyers for help along on your journey.

From the simplicities of a heart-felt Adoption, to the complexities of Altruistic Surrogacy, experts at the leading-edge of the law are waiting to help you find the right way to happiness.

All you need to know about Adoption

In simple terms, Adoption is an application from parties who are not the biological parents to be legally awarded parental responsibility of a child. The most important thing to know about Adoption laws in Australia is that they are governed by the legislation of each State and Territory.
If the application is successful, the adopted child automatically assumes the same rights, privileges and responsibilities that a child born to its biological parents would have, and the adopting parents have full parental rights as if they were the biological parents.

The big state-by-state differences in Adoption:

  • Single parents can adopt a child anywhere in Australia, except Victoria.
  • Same sex couples can adopt a child anywhere in Australia, except the Northern Territory.

If you’re thinking about Adoption, talk to Antunes Lawyers – for free

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The legal expertise you need for a smooth Surrogacy

Put simply, Surrogacy refers to an arrangement for a woman to become pregnant, with the intention to give the child to another person or couple when they are born.

There is a presumption in Australian law that when a woman gives birth to a child, she and the biological father are parents of that child. So, the starting point of Surrogacy in Australia is that it’s illegal.

But a Parentage Order, as regulated by State and Territory governments, can be obtained by consent to legally facilitate the desired Surrogacy Agreement.

The two sides of Surrogacy

Altruistic Surrogacy

✔ Legal in Australia

Altruistic Surrogacy is where the surrogate mother receives no compensation or payment for the act of carrying and delivering the child, although the mother can be reimbursed for certain medical and legal expenses associated with the pregnancy.

Altruistic Surrogacy agreements are generally unenforceable contracts, but they are a prerequisite to apply for a Parentage Order.

Commercial Surrogacy

✘ Not Legal in Australia

Commercial Surrogacy is illegal in all states in Australia and in many other countries. This acknowledges the exploitation risks to the child and surrogate mother – risks that are shown to cause harm in many high profile international commercial surrogacy agreements.

The advice in relation to Commercial Surrogacy is don’t do it. Instead, talk to a Surrogacy legal professional about a better way.

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