Surrogacy Law

Advances in artificial and assisted reproductive technology have enabled more and more Australians to access alternative methods, such as surrogacy, to start or expand their family.

Surrogacy arrangements refer to the situation where a woman (the "surrogate") agrees to carry a child for the intended parent/s, with the intention that the child will then be relinquished to the intended parents at birth and raised by the intended parents as their child.

There are a significant number of requirements that must be met prior to entering into a surrogacy arrangement, and these requirements can differ between Australian states. In New South Wales, these conditions are set out in the Surrogacy Act 2010. If these conditions are not met, the Court may refuse to transfer parental responsibility over the child to the intended parents. 

It is always advisable to seek legal advice about your particular situation before entering into a surrogacy arrangement. We specialise in the provision of legal advice in relation to all forms of surrogacy arrangements, as well as the legal advice required pursuant to the Surrogacy Act 2010 (NSW).

Please contact PE Family Law to obtain detailed advice regarding surrogacy law.