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.
Pace 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 Pace 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.
These include:
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.
Do you want an expert surrogacy lawyer ?
For more information on Surrogacy please contact ou surrogacy lawyer here:
FAQs
Surrogacy in South Australia is regulated by specific legislation and strict legal criteria. A surrogacy lawyer helps you understand your rights and responsibilities, ensures the agreement meets all legal requirements and reduces the risk of the court refusing to recognise you as the legal parents or imposing penalties for non compliance.
Key rules include that at least one intended parent must usually provide the reproductive material, the intended parents must live in South Australia and meet relationship requirements, the surrogate must be unable to carry a pregnancy safely or there must be a risk of harm, the child must be conceived via a recognised fertilisation procedure and the agreement must be in writing and properly certified by lawyers.
No. It is illegal to enter into a commercial surrogacy arrangement in South Australia. The surrogate cannot be paid a fee for carrying the child, although she can be reimbursed for reasonable expenses such as medical costs and loss of income associated with the pregnancy.
South Australia introduced the Surrogacy Act 2019, which commenced on 1 September 2020. It updated the framework for lawful surrogacy arrangements, including eligibility criteria, recognition of single intended parents and rules about advertising, expenses and where IVF treatment can be carried out.
Generally, both the surrogate and the intended parents must be over 25 years of age. The surrogate must be an Australian citizen or permanent resident and the intended parents must reside in South Australia. Under the current law, single intended parents are permitted to pursue surrogacy, provided other eligibility criteria are met.
Yes. While commercial surrogacy is prohibited, the surrogate can be reimbursed for certain expenses such as medical costs, pregnancy related expenses and loss of income. These expenses should be clearly identified and documented as part of the surrogacy agreement.
If you do not comply with the legislation, the court may refuse to grant parenting orders recognising you as the legal parents. In some cases, assisting with a commercial surrogacy arrangement can expose you to criminal penalties, including potential imprisonment. Careful legal advice is essential before proceeding.
The agreement must be in writing and signed by all parties, with each signature witnessed and supported by a lawyer’s certificate. The surrogate’s certificate must be provided by an independent lawyer. Additional requirements include certificates from medical practitioners, records of counselling and criminal history reports for the parties.
Advertising to find a surrogate or offering to be a surrogate is permitted in South Australia, provided the arrangement is not commercial. Any advertising should be carefully worded so it does not suggest payment for surrogacy services beyond lawful reimbursement of expenses.
Under the current law, parties to a lawful South Australian surrogacy arrangement can access IVF treatment outside South Australia, although specific requirements still apply. Your surrogacy lawyer can advise on how this interacts with the legislation and any conditions your clinic may impose.
Jessica Sinclair
Chief Counsel/Family Dispute Resolution Practitioner