What is surrogacy?
Surrogacy involves a person agreeing to carry and give birth to a baby for someone else˳ After the baby is born, the birth parent gives custody and guardianship to the intended parent or parents˳ Surrogacy has complex legal and medical steps that must be met˳ It’s important to be aware of the process, seek professional advice and build supportive networks
Who is involved?
A person who agrees to carry and give birth to a baby for someone else is known as the surrogate or birth parent˳ The person or couple who will receive the baby once it’s born are known as the intended or commissioning parent(s)˳
Many other people need to be considered before taking this life-changing step, including the partner and children of a surrogate, any other children of the intended parent(s) and egg or sperm donors (if any) and their families˳
Why might I need to use surrogacy?
Surrogacy gives people an opportunity to have a child if they can’t be pregnant themselves˳
People who might want to use surrogacy include:
- females who have a problem with their uterus or have had their uterus removed
- females with health conditions that could make it dangerous for them to be pregnant
- single or gay males
What types of surrogacy are there?
Traditional surrogacy
The surrogate provides her own egg, which is inseminated with the commissioning parent’s sperm˳ This can be done using in vitro insemination (IVF) or artificial insemination˳ In this case, the baby is biologically related to the surrogate˳
Traditional surrogacy is not allowed in some states in Australia˳
Gestational surrogacy
In this type of pregnancy, an embryo is transferred into the surrogate’s uterus˳ The embryo is formed from the egg and sperm of the intended parents or from donors, using IVF˳ The egg doesn’t come from the surrogate˳
This is the most common type of surrogacy in Australia˳
What types of surrogacy arrangements are there?
Altruistic surrogacy
The surrogate does not receive any payment; however, the intended parents pay for costs relating to the pregnancy˳ This is legal in Australia, but each state has its own specific regulations˳
Commercial surrogacy
This involves a surrogate receiving payment or material benefit for being a surrogate, as well as the intended parents paying for costs relating to the pregnancy˳ It is banned in Australia˳ In some states it is also illegal for residents to use commercial surrogacy overseas˳
How is surrogacy regulated?
Surrogates and intended parents must make a formal surrogacy agreement, usually before conception˳
There are strict regulations and eligibility requirements that must be met before entering into a surrogacy agreement˳ There are also legal processes to complete following the birth˳
Each state and territory, except for the Northern Territory, has its own laws that regulate surrogacy:
- Australian Capital Territory
- New South Wales
- Northern Territory
- South Australia
- Tasmania
- Queensland
- Victoria
- Western Australia
Some states don’t allow certain people to make surrogacy agreements˳ The criteria might include age, state of residence, health status, relationship status, sexual orientation, gender of the intended parent(s) and whether the surrogate has had children previously˳ Some states only allow gestational surrogacy while others also allow traditional surrogacy˳
In some states, advertising in order to find a surrogate parent or commissioning parent is not allowed˳
In Australia, surrogacy arrangements can’t be enforced˳ This means that if the surrogate doesn’t want to give up the baby or the intended parents don’t want to take it, they can’t be forced to˳
International surrogacy arrangements
Different laws and processes are involved when entering into an international surrogacy arrangement˳ This means an arrangement with a surrogate who lives overseas˳ It is very important to seek professional legal advice˳
When the baby is born, the surrogate and their partner, if they have one, are legally considered its parents˳ A court order is required to transfer parentage of a baby born through a surrogacy arrangement˳ The process of obtaining a parentage order is different in each state and territory, so it is best to get legal advice before entering into an arrangement˳
How do I get started?
If you are interested in surrogacy, the first step is to see a fertility specialist˳ You can discuss the process with your doctor, who can give you a referral˳
You may choose to discuss it with your family and friends and ask them for help˳
Is counselling necessary?
Counselling is a requirement of surrogacy arrangements˳ Counselling can help everyone involved understand the complex issues surrounding surrogacy and make sure that they’re comfortable with the process˳
How much does it cost?
Legal advice is available for surrogacy agreements and parentage orders˳ It is generally considered reasonable for the intended parent(s) to meet legal and medical costs of a surrogacy arrangement˳
It’s also important to seek specific advice on medical expenses˳ Medicare and private health insurers might not cover some or all of these expenses for a surrogate˳
There might be other costs too, such as counselling or travel˳
How do I find a surrogate?
The surrogate can be someone you know or someone you don’t know˳
You may consider finding someone through your social network or by connecting with Surrogacy Australia˳ You can also check whether it’s legal in your state to advertise for a surrogate˳
There are many questions you might consider when choosing a surrogate˳ Take your time˳
Can I become a surrogate?
Offering to carry a baby for someone else to raise is a very generous act˳ Before making any decisions, it’s important to understand the process and know your rights˳ If you have a partner and children, they will also need to be considered and included in discussions˳ It’s a big decision˳ Take your time˳
Eligibility
It’s best if surrogates are 25 to 40 years old, are already parents themselves and have finished their family˳ They should be physically and mentally healthy, settled and have a good support network˳ They should be motivated by a desire to help others˳
It’s important to think carefully about the physical and emotional implications of carrying a baby for someone else˳ Think about your relationship with the intended parents and your future relationship with the child˳
Your rights
As the surrogate, you have financial rights˳ It’s important to discuss all aspects of carrying a baby with the intended parents, and for them to understand your rights˳ You have the right to choose how you manage the pregnancy without interference˳
Looking after yourself
It’s important to take care of yourself and to discuss with health professionals any concerns you might have before and during the pregnancy˳
Pregnancy can affect your emotional wellbeing and relationships˳ Maintaining healthy relationships can provide support during the pregnancy and after the birth˳
Where can I get more information about surrogacy?
You can find more information about surrogacy from:
- Surrogacy Australia
- Victorian Assisted Reproductive Treatment Authority (VARTA)
If you need advice or emotional support about being a surrogate, talk to a Pregnancy Birth and Baby maternal child care nurse˳
