Surrogacy is an arrangement in which a woman carried and delivers a child for another couple or person. The woman may be the child's genetic mother or she may carry the pregnancy to delivery after having an embryo, to which she has no genetic relationship, transferred to her uterus. It is common that there may be some controversy regarding future relationships that a surrogate will have with the child after it is born.
Surrogacy arrangements involve complex legal, emotional and social issues. In Australia commercial surrogacy is illegal in all states and territories. In addition a number of states, including NSW have made it illegal for its residents to enter a commercial surrogacy arrangement overseas.
In NSW altruistic surrogacy or non-commercial surrogacy arrangements (where the surrogate mother does not gain financially from the arrangement) are legal and governed by the Surrogacy Act 2010.
Under the Surrogacy Act 2010 intended parents are able to gain full parenting rights and their name on the child's birth certificate without having to adopt the child by applying for a parentage order 30 days after the birth of a child.
If you have an enquiry regarding surrogacy and parenting arrangements please do not hesitate to contact the RMB Family & Relationships Law Division.