Surrogacy laws in Australia vary depending on the State or Territory you live in.

If you are considering surrogacy as an option to expand and grow your family, legal advice should be obtained in identifying and managing the legal issues and risks that may be associated with the surrogacy.

There are 2 categories for a surrogacy arrangement:

  • Altruistic Surrogacy Arrangements; and
  • Commercial Surrogacy Arrangements.

Altruistic Arrangements

An altruistic arrangement does not involve a monetary payment to the surrogate mother and cannot be enforced within Australia. As it cannot be enforced, the risk is that upon the birth of the child, the surrogate mother is not obligated to hand the child over to you and consent to your adoption of the child (the intended parents).

If this was to be the case, an Application to the Court would need to be made by the intended parents, in which orders are sought for the intended parents to be awarded sole parental responsibility of the child and orders that the child is to live with the intended parents.

Commercial Arrangements

This arrangement is the opposite to an altruistic arrangement, in that a surrogate mother is paid for her services. This arrangement is prohibited in New South Wales under the Surrogacy Act NSW 2010 and is deemed to be a criminal offence if this commercial arrangement is entered into both locally and internationally.

If surrogacy is an option that both you and your partner are considering, contact Antunes Lawyers for advice which is specific to your circumstances and for assistance is deciding on the process to be followed should you choose to enter into an altruistic arrangement.  

ADOPTION

Adoption laws across Australia are governed by the laws of each State and Territory where you live.

A child is deemed to be adopted when that child becomes legally recognised as part of the family adopting the child. An Application by the non-biological parents is to be made whereby they seek parental responsibility for the child.

If the Application is successful, the adopted child automatically assume the same rights, privileges and responsibilities that a birth child, biological parents, and adopting parents are automatically entitled to.

Single parents are permitted to adopt a child however this is not the case in Victoria. Same sex couples are permitted to adopt a child however this is not the case in the Northern Territory.

Our team of expert lawyers have experience in adoption and surrogacy matters, and can work closely with you through each process.

Talk to one of our expert lawyers today.