Surrogacy Lawyers
We provide comprehensive legal advice to potential surrogates and intended parents, as well as those already part of a surrogacy team. The Family Village was established to offer a supportive environment where both legal and personal questions about surrogacy can be addressed with care and expertise at every stage of the journey. Our surrogacy lawyers offer services covering all aspects of domestic and international surrogacy arrangements, with expertise in the legislative variations governing surrogacy in each Australian state and territory.
Legal Guidance for Your Surrogacy Journey
Surrogacy offers a unique path to parenthood for individuals and couples who may not be able to have a child on their own. In a surrogacy arrangement, a surrogate mother carries and gives birth to a child for the intended parents, helping them build their family. The surrogacy process in Australia is governed by complex surrogacy laws that vary between states, making it essential for intended parents to seek independent legal advice from a surrogacy lawyer with unique expertise in surrogacy law.
Understanding your rights and responsibilities as part of a surrogacy arrangement is essential when it comes to ensuring a smooth and legally compliant journey. By working with an experienced surrogacy lawyer, intended parents and surrogates can navigate the legal landscape with confidence.
Types of Surrogacy in Australia
There are several types of surrogacy arrangements available to intended parents in Australia, each with its own legal requirements and implications.
Contact UsTraditional surrogacy involves the surrogate mother being artificially inseminated with the intended father’s sperm, making her the biological mother of the child.
Gestational surrogacy, on the other hand, uses in vitro fertilisation (IVF) to create an embryo from the intended parents’ or donors’ genetic material, which is then implanted into the surrogate mother, who has no genetic link to the child.
All Australian jurisdictions allow altruistic surrogacy. That is, where the surrogate mother only receives reimbursement for reasonable expenses, not payment or profit. However, in Western Australia (WA), altruistic surrogacy is legally permitted only for opposite‑sex couples. Single individuals and same‑sex couples are explicitly excluded from accessing altruistic surrogacy under current legislation.
Commercial surrogacy arrangements, where the surrogate receives compensation, is banned nationwide and carries significant legal consequences.
It is vital for intended parents to understand the differences between these surrogacy arrangements and to ensure they meet all legal requirements before proceeding.
International Surrogacy Lawyers
Some intended parents explore surrogacy arrangements overseas. While this can sometimes appear more accessible, it raises complex legal and practical issues when returning to Australia.
Independent legal advice is vital, as Australian parentage laws do not automatically recognise overseas surrogacy arrangements, and extra steps are required to secure legal parentage here.
Surrogacy Lawyers and Donor Conception in Surrogacy
Donor conception is often an important part of surrogacy, particularly when intended parents need donor sperm, eggs, or embryos to grow their family. In these situations, a donor agreement helps clarify the donor’s role and protect everyone involved. Sometimes, the surrogate may also be the donor – this is traditional surrogacy as mentioned above. While this has unique legal considerations, the key point is that clear agreements and independent legal advice are essential to ensure that all parties understand their rights and responsibilities. This guidance also supports the process of obtaining a parentage order after the child’s birth.
Navigate Complex Surrogacy Laws with Confidence
We provide comprehensive legal advice to potential surrogates and intended parents, as well as those already part of a surrogacy team. The Family Village was established to offer a supportive environment where both legal and personal questions about surrogacy matters can be addressed with care and expertise at every stage of the journey.
Our services cover all aspects of domestic and international surrogacy arrangements, and we can assist clients in navigating the complexities of both local and cross-border surrogacy processes.
Australia’s surrogacy laws vary dramatically between states, with strict legal requirements that can make or break your path to parenthood. Our experienced surrogacy lawyers provide caring legal support, ensuring compliance with all relevant laws and regulations, and securing your parental rights. We guide clients through the legal processes involving the family court and supreme court, including obtaining a parenting order to establish the intended parent as the child’s legal parent after the child’s birth. Informed consent from all parties, including the birth mother, is essential before proceeding with any surrogacy arrangement.
We are experienced in handling children and family law matters, and can answer questions about eligibility, such as whether a surrogate must have their own children.
Contact UsWhy Choose Our Surrogacy Legal Services?
Nationwide Expertise
As leading surrogacy lawyers we offer knowledge of surrogacy laws across all states of Australia.
Compliance Protection
With our experience as fertility and family creation lawyers, we help you avoid criminal penalties and ensure your parentage orders are legally obtained.
End-to-End Legal Support
We assist clients in obtaining parenting and parentage orders through the family court and relevant state courts across Australia. From surrogacy agreements to final court orders, we handle every legal aspect of your surrogacy journey.
How it Works
Make an AppointmentInitial Legal Assessment
Comprehensive review of your circumstances, including the relevant medical procedures involved in surrogacy, and independent legal advice on the surrogacy process
Agreement & Compliance
Drafting of surrogacy agreements, emphasising the importance of a comprehensive legal agreement and ensuring informed consent from all parties. All parties receive independent legal advice and meet legal requirements
Parentage Order Success
Secure court-approved parentage or parenting orders through the family court or relevant state based Court after the child is born via surrogacy, to establish you as the child’s legal parents.
Get Legal Protection for Surrogacy
Don’t risk your surrogacy journey with inadequate legal support. Our surrogacy lawyers ensure compliance and protect your path to parenthood with care and expertise.
Make an Appointment
