Surrogacy

Surrogacy involves an arrangement where one person has decided to carry a baby for another person or a couple as they could not fall pregnant themselves. Parties will usually enter into a surrogacy agreement.  

Each state and territory in Australia has its own laws in relation to surrogacy, which is a complex area of law. Specifically, in New South Wales, the Surrogacy Act 2010 (NSW) provides for parties to obtain a Parentage Order when a surrogacy arrangement has been made.

This involves an application being made to the Supreme Court of New South Wales for the birth parent to transfer the parentage of a child to the intended parent or parents. This can only be made after the child is born and if the surrogate consents to a waiver of their parental rights. Once a Parentage Order has been made, then issues in relation to parenting disputes will be governed by the Family Law Act 1975 like other parenting matters.     

It is important to obtain specialised legal advice from a family lawyer before you commence any surrogacy arrangement. We have experience in all areas of surrogacy including preparing surrogacy agreements and obtaining or disputing a Parentage Order.