Legal Advice on International Surrogacy Arrangements

Thanks to data collected by our esteemed colleague, Sarah Jefford, we know that there are only approximately 120 to 130 surrogacy births in Australia each year. We also know that there are far more intended parents seeking surrogacy than there are surrogates available. Accordingly, many intended parents are forced to consider pursuing surrogacy options internationally to create their longed-for family.

International Surrogacy Arrangements

Surrogacy arrangements overseas can be complex. Some Australian states have laws that make it illegal for their residents to enter into commercial surrogacy arrangements, both within Australia and abroad. As such, international surrogacy arrangements require accurate legal advice from an Australian lawyer who understands the laws of your state of residence, as well as legal advice from a qualified lawyer in the country where the surrogacy arrangement will take place.

To begin exploring your options, you can access information on international surrogacy and surrogacy in Australia in our more detailed blogs or booking in for an initial consultation.

How we can help

As an experienced Australian lawyer, Katie advises intended parents pursuing international surrogacy and provides legal guidance on all aspects of surrogacy and donor conception, including:

  • Eligibility criteria for surrogacy within Australia
  • Identifying and establishing connections with a surrogate
  • Understanding the surrogacy process
  • Interpreting and navigating applicable surrogacy laws
  • Drafting surrogacy agreements
  • Exploring international surrogacy options available to Australian citizens
  • Legal considerations for the import and export of gametes and embryos
  • Legal advice as required by surrogacy laws prior to fertility treatment
  • Legal advice and preparation of applications for parentage and parenting orders
  • Legal requirements for returning to Australia with a child born via surrogacy

Katie offers legal consultations to intended parents across Australia via Zoom/Teams, by telephone, and in person. Appointments can be scheduled using the link below or by emailing us at hello@thefamilyvillage.com.au.

About The Family Village

The Family Village was founded by our leading Lawyer, Katie. Katie navigated her way through many years of IVF treatments (both the ups and the downs) to create her family. Unfortunately, after the birth of her second child, carrying her own children was no longer an option. Together with her husband, she went on a 5-year journey to find a surrogate. Their precious son Vinnie was born via surrogacy in 2022.
With a passion to assist and support others through their journey in creating a family, Katie established The Family Village. With 16 years legal experience, Katie provides legal advice and services, education, support and guidance to those on their journey to create a family, particularly in surrogacy arrangements.
Katie and her surrogate Sally, work side by side at The Family Village to support surrogates and intended parents alike. They have the benefit of walking in your shoes, from both sides of the story, which is a valuable asset.