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International Surrogacy and Legal Aspects

Commercial surrogacy is not recognised as legal in Australia. There are other countries where commercial surrogacy is legal. And sometimes Australian couple, opt for such surrogacy method for starting a family.

International surrogacy is a complex web of legal issues such as parental responsibility, citizenship, immigration etc. A family lawyer who specialises in international surrogacy should be consulted for understanding what measures to be taken in your circumstance and legal procedures.

Victorian Assisted Reproductive Treatment Authority (VARTA) has listed some important guidelines to intending parents who are thinking of having a child by international surrogacy arrangement.

  1. Get fertility assessment done before deciding to have a child surrogacy way.
  2. Choose clinic after thorough research about authorisation, treatment etc.
  3. Good understanding between intended parents and the surrogate is necessary.
  4. Check the expenses involved.
  5. Get legal advice in all the concerned areas before embarking on international surrogacy journey.

Legal advice by family lawyers is the most important thing you must do. The legal blocks surrounding international surrogacy are mentioned below for a quick view.

Legal Aspects Surrounding International Surrogacy

  • The child born of surrogacy method can be granted Australian citizenship, if either or both parents are Australian citizens and the biological donors to the surrogate mother.
  • If the parents are not the biological parents of the child, the intended parents must adopt the child. Since the adoption and citizenship granting legal process is time consuming, the parents normally opt for Residency orders for the child and carry out the legal procedures later.
  • The parents should sign Form B4, a form declaring Child Born Through Surrogacy along with the legal surrogacy agreement and other evidences.
  • As per Australian Law, all the concerned who have parental responsibility of the child whether biological or legal, should sign a document consenting child’s being brought to Australia. These consent documents are necessary to convince the Australian Passport Office to issue passport to the child.

Family law solicitors of Melbourne can be approached for clarity on legal issues and further help to bring the child born of international surrogacy arrangement to Australia along with his/her parents without getting stuck in legal glitches.

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