What is surrogacy?
Not all fertility clinics allow traditional surrogacy so you should always check which type of surrogacy they facilitate. Australia and New Zealand have different regulations, and within Australia, the states and territories have their own set of rules.
In short, surrogacy laws in most Australian states/territories and New Zealand follow a set of basic principles.
- The intended parents are unable to carry a baby themselves
- The surrogacy arrangement is not commercial so the surrogate cannot be paid
- Costs involved in the treatment, pregnancy and birth should be paid by the intended parents
- Everyone involved must receive counselling and legal advice
- The surrogate (and her partner if she has one) are listed on the birth certificate and the intended parents can apply to the court for a Parentage Order
The intended parents should qualify for surrogacy in their jurisdiction:
This typically means that a fertility specialist will recommend surrogacy for your individual case.
Finding a surrogate:
In some jurisdictions, it is illegal to advertise for a surrogate. In that case you may discuss this option with your friends and family members.
The surrogate meets a fertility specialist for a medical examination
Counselling and legal advice:
Everyone involved (intended parents and surrogate) have counselling and get legal advice.
In some jurisdictions, everyone involved will need to undergo a psychological assessment
The surrogacy arrangement is approved and the process can go-ahead