Across Australia, each state and territory have different laws regarding surrogacy. This can create complications in the lack of consistency of regulations. Overall, the primary law that is enforced in Australia is the ‘Altruistic Surrogacy’ arrangement.
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Altruistic surrogacy is an arrangement in which the surrogate mother does not make any profit from the intended parents (IPs) — not including any reasonable medical or legal fees for this woman involved. This is different than most countries that support commercial surrogacy, whereby providing total compensation to the surrogate mother for partaking in the arrangement.
International couples can participate in the Australian surrogacy programs; however, they should be made aware of their options.
For instance, working with agencies in countries such as Ukraine, Colombia, and Mexico that support commercial surrogacy, have an abundance of guaranteed programs. Some of these programs are advantageous for IPs as they include pre-implantation genetic diagnostics, no wait policy for surrogates, surrogate insurance for risks, and so much more.
Get a free consultationSurrogacy in Australia can present some major complications for IPs. While the means of embryo transfer from IP to a surrogate in a clinic is straightforward, the legal risk following birth is where things get tricky.
Once the child is born, the IPs must apply for a ‘Parentage Order” to obtain full legal custody. However, the surrogacy arrangement is not entirely enforceable, meaning surrogate moms may refuse to hand over the child to the IPs. If she refuses this, the main option for the IPs is to apply to the Family Court for a parenting order in the hopes they are granted custody.
In an altruistic arrangement, it’s no surprise that the surrogacy cost in Australia is exceptionally lower than in other countries that have commercial arrangements.
Ranging anywhere from $100,000 to $150,000, these costs will depend on the kinds of expenses required for the specific IPs arrangement. For example, expenses would include fertility treatments, legal advising, pregnancy and birth costs, and the parentage order.
Although surrogacy cost in Australia is not as expensive as other countries, these prices lack consistency from one potential IP to another. It’s important to acknowledge how much you’re expected to pay when choosing your surrogacy program, as no two surrogacy arrangements are the same.
When working with an agency, there is much more transparency in the surrogacy costs. IPs should know the exact amount of money required to cover the entire process with total trust. This is why experienced agencies provide instalment payments that are structured to ensure ease and comfort through the many procedures involved.
As mentioned earlier, surrogate mothers in Australia do not receive payment for their role in altruistic surrogacy, aside from any medical or legal fees. That being said, other countries provide commercial surrogacy options, including Ukraine, Colombia, and Mexico.
When deciding to use a surrogate mother from Australia, the IPs should use a trusted surrogacy agency. This is to ensure you are aware of your legal rights and expenses throughout the process without question. Agencies help with the legal factors of the arrangements to make sure you maintain the right to claim your baby at the end of the process.
Gay surrogacy in Australia is considered illegal on the western coast. Although these laws don’t exist across the country as a whole, the discriminatory laws that exclude both male and female gay surrogacy of IPs can make you think twice about choosing Australia altogether.
In addition to laws prohibiting gay surrogacy in Australia, the country also bans unmarried and single-person surrogacy. These laws prevent countless men, women, and members of the LGBT community from ever considering surrogacy in Australia — this is why a thoughtful review of other options is necessary.
If you’re thinking of having a child using a surrogate mother from Australia, this is certainly not a perfect ‘one-size fits all’ process. Finding the best fitting program shouldn’t be difficult; start by visiting wordcenterofbaby.com to learn more. There are countless options available to help you get the process started in becoming a mom or dad!
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