Australian Family and Fertility Law

How to Do Surrogacy in New South Wales

Stephen Page Season 1 Episode 98

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In this video, Award Winning Surrogacy Lawyer, Stephen Page discusses how to do surrogacy in New South Wales.

Read the Submission: https://pageprovan.com.au/nsw-surrogacy-submission/

Surrogacy in New South Wales is a complex yet vital topic for many looking to expand their families. The Surrogacy Act, which came into effect on March 1, 2011, transformed the landscape of surrogacy in the region, offering legal frameworks and protections for all parties involved.

To begin the surrogacy journey, intended parents must create an embryo, which involves navigating different IVF clinics. It's crucial to seek advice early on, as each clinic operates differently, but rest assured, the quality of IVF clinics in Australia is exemplary.

The formal surrogacy process consists of several key steps. Initially, a written surrogacy arrangement must be established and signed by the intended parents, the surrogate, and her partner (referred to as the birth mother and birth mother's partner). Before entering this agreement, it's paramount to ensure the surrogate is medically suitable to carry a child. This involves consultations with fertility specialists and possibly obstetricians.

Furthermore, fertility counseling is an essential step to ensure that all parties are prepared and informed about the surrogacy process. Both the surrogate and intended parents are required to obtain independent legal advice to ensure that their interests are protected.

Once everything is in order, the surrogate will give birth, and legal parentage must then be established. The intended parents typically apply for a parentage order to officially recognise them as the child's legal parents, a process that involves submitting affidavits and reports to the Supreme Court of New South Wales.

Though the application process aims to be efficient, delays can occur. Overall, navigating surrogacy is a journey that requires careful planning, legal advice, and understanding. As laws continue to evolve, it’s essential to stay informed about potential changes to the surrogacy framework in New South Wales.