Are You Considering Surrogacy?
You will need an experienced hand to help you navigate the surrogacy landscape, so that you can enjoy the experience as much as possible.
Adelaide Legal Surrogacy Service.
Our Surrogacy Lawyers provide positive input into your surrogacy journey. We help you understand your rights and responsibilities and what the consequences of entering into a surrogacy arrangement are.
We do this in a supportive and positive way to help you make the right decisions for you.
Surrogacy – A Popular Alternative For People Wanting To Start a Family
The popularity of Surrogacy in Australia is growing, as would be parents view it as a viable option for starting a family.
However, under South Australian law, for a surrogacy arrangement to be legal it must meet specific conditions set out in the Family Relationships Act 1975.
There are some serious consequences if you don’t comply with the Act. could For example, the courts can refuse to grant a Parenting Order recognising the recipient parents as the legal parents of the child. If you are shown to have assisted in a commercial surrogacy arrangement you could face up to 12 months imprisonment.
This is why it is advisable to seek the counsel of an experienced surrogacy lawyer.
Book a 30 minute free consultation with our Surrogacy expert.
NB: Following this Free Consultation you are under no obligation to engage Adelaide Legal for your surrogacy.
The Fundamental Rules of Surrogacy
There are some criteria that must be satisfied in order for you to be able to pursue surrogacy, both as the surrogate and/or would be parent.
Unless a medical practitioner issues a certificate asserting a medical reason against using their reproductive material, at least one of the parents-to-be must provide it, to create the embryo,
The parents-to-be must be residents in South Australia and either:
- legally married; or,
- have lived together in a “marriage-like” relationship for 3 years
A surrogacy agreement will not be legal unless one of the parents-to-be would be unable to become pregnant or be able to carry a pregnancy; or there is a risk of harm to the baby or mother if she became pregnant.
The child must be conceived as a result of a fertilization procedure carried out in South Australia.
To formalise a surrogacy agreement,
- the document must be in writing and signed by each party to the agreement;
- the signatures of each party must be attested by a lawyer’s certificate; and,
The certificate of the surrogate mother must be given by an independent lawyer.
Recent changes to Surrogacy Laws In South Australia –
South Australia has its own independent surrogacy legislation, having enacted the Surrogacy Act 2019, which came into effect on 1 September 2020.
There were some important changes to the previous laws. Our Surrogacy Lawyers will help you understand the legislation and how it applies to you and your own individual circumstances.
Be Sure Before You Move Forward
To avoid disappointment and possible fines it is really important that you understand the Surrogacy laws in South Australia
There are many requirements for the agreement which must be followed, and an experienced family lawyer can help you navigate these requirements including outlining all the expenses; obtaining all certificates and drafting the proposed court orders.
Surrogacy In South Australia – Some Specific Legal Requirements
- Both the surrogate and the intended parents must be over 25years of age.
- The surrogate must be an Australian citizen or at least a permanent resident of Australia and the Surrogate parents must reside in South Australia.
- The surrogate’s partner is not a party to the agreement, and will not be listed on the original birth certificate.
- It is illegal to enter into a commercial arrangement for surrogacy, sothe Surrogate Mother cannot be compensated for the surrogacy.
- The surrogate mother can be reimbursed for expenses including loss of income, should this occur.
- In South Australia, single intended parents are allowed to pursue surrogacy.
- Advertising for a surrogate, or to be a surrogate, is permitted, but not as a commercial arrangement.
- The parties can seek IVF treatment outside of South Australia, which was not previously the case.
- Both parties are expected to provide each other with a criminal history report. They would obtain this from either the South Australia Police, Australian Crime Commission or an Australian Crime Commission accredited agency or broker.
“Whilst going through a complicated family law property settlement the team at Adelaide Legal were supportive, transparent and made the process as straightforward as they possibly could. I would highly recommend them.”
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