The legal aspects of international surrogacy in Australia can be quite complex process- mainly because relevant legislation will vary according to the individual territory or state in which the IPs (intended parents) reside.
Here, the team at Global Surrogacy gives an overview of Australian law regarding the arrangement of an overseas surrogacy agreement when Australian citizens are involved.
Often, inconsistencies between the law of one state and another boil down to the legality of commercial surrogacy vs altruistic surrogacy.
The term “commercial surrogacy” refers to an arrangement whereby the surrogate mother is paid for her time and services. In “altruistic” surrogacy, the surrogate sees no remuneration, except perhaps for any medical bills accrued.
It is illegal for residents of the Australian Capital Territory, New South Wales and Queensland to enter into any arrangement involving overseas commercial surrogacy. In doing so, IPs run the risk of prosecution and a potential prison sentence when they return.
Involvement in commercial surrogacy or international surrogacy laws Australia is considered a criminal act in all parts of Australia, with the exception of Northern Territory. Generally, altruistic surrogacy is accepted – but it is important to check with local authorities before entering into any contract of this kind.
The motivation to criminalise commercial surrogacy stems chiefly from the intention to uphold the human rights of surrogate mothers and to prevent ethically unscrupulous parties from manipulating vulnerable individuals and making a profit from the system.
A brief outline of the step-by-step process of surrogacy is as follows:
If you are planning to use an overseas surrogate to grow your family, it is vital that you check all legal implications – in both your home state and the territory in which the process is to take place – before you commit.
It’s important to ask the following questions:
What is the legal standpoint of each location when it comes to commercial surrogacy vs altruistic surrogacy?
Are you correctly adhering to the relevant legislation on the subject both here and there?
Is the organisation you are planning to use ethically sound?
Of course, the Global Surrogacy team will always be on hand to advise you regarding the process and to help you determine the best course of action.
You will probably need to look into passports, visas, citizenship documentation and a range of other paperwork before you are allowed to travel overseas to collect your child, or when bringing your child home.
Some countries that may include surrogacy in Russia & surrogacy in Ukraine require a “medical tourism” visa for IPs pursuing international surrogacy. When your child is brought back to Australia, they will need their own passport. If you don’t have an Australian passport for them, they will need a visa too.
You’ll also need to check with the relevant overseas authorities regarding whether or not your child will need an exit visa when leaving their country of birth.
Again, Global Surrogacy will assist and advise you regarding all legal paperwork and travel documents.
If you need to find out more about the legal processes, requirements and documentation relevant to your place of residence or the country in which your surrogacy process will be undertaken, please contact the specialists at Global Surrogacy today.
We will guide you and advise you transparently and supportively, making sure you have all of the information you require.
TOTAL PRICES INCLUDE
Our payment schedule sets out the instalments you will pay us over the duration of your journey. All fees are paid directly to Global Surrogacy. Our payment schedule’s features are as follows: