Surrogacy Lawyers Melbourne
If you need advice and legal support for a surrogacy or donor arrangement, our dedicated Melbourne team of Surrogacy Lawyers can assist you with all of your legal needs.
Pearsons Lawyers Support Surrogacy Agreements & Parentage Orders For Growing Melbourne Families
Couples in Melbourne are increasingly looking towards surrogacy as an option to have a family.
Whilst commercial surrogacy is legal in some overseas countries, in Australia, surrogacy can only be arranged altruistically.
This means that neither party receives any payment other than out-of-pocket medical expenses and other limited expenses for the purposes of the arrangement.
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Surrogacy Arrangements
Surrogacy arrangements, either between family members and friends with an independent surrogate, are increasingly being utilised as an option for couples who want to conceive a child but are facing challenges to do so. If you are considering a surrogacy agreement, it is important that clear advice is received prior to entering into any arrangement with respect to the following:
- The biological parent’s rights;
- The egg donor’s rights;
- The sperm donor’s rights;
- The surrogate carrier’s rights;
- Arrangements prior to the birth of the child and the types of expenses that can and cannot be covered;
- Contact arrangements by agreement after the birth of the child;
- The legal rights of each of the parties to the surrogacy arrangement;
- What happens if a party changes their mind?
Prior to parties entering into a surrogacy arrangement, documentation is required to be lodged for the Patient Review Panel confirming that appropriate advice has been provided to all of the parties to the arrangement.
After the Patient Review Panel has made the decision and after the child’s birth, documentation is required to arrange for the commissioning parents (the parents who will raise the child) to substitute their names on the birth certificate at the County Court. Pearsons Lawyers can assist you through this legal journey.
To arrange your Free initial consultation with a specialist Family Lawyer at Pearsons Lawyers contact us today or call 1300 699 688 and know where you stand.
How Can a Surrogacy Lawyer Help Me?
A surrogacy lawyer can provide essential legal advice throughout the surrogacy process. They assist in drafting and reviewing surrogacy agreements, ensuring compliance with fertility and family law, securing parental rights through a parentage order, helping navigate any disputes, and ensuring all parties’ interests are protected legally and ethically.
Here’s how a surrogacy lawyer can assist you:
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Provide Initial Legal Advice: They offer advice on the legality of surrogacy in your state or territory, explain the rights and responsibilities of both intended parents and the surrogate, and ensure you understand the implications of fertility law.
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Draft & Review Surrogacy Agreements: A lawyer will draft a legally binding surrogacy agreement that outlines the roles and responsibilities of the surrogate and intended parents, ensuring that the terms comply with local laws and protect the rights of all parties involved.
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Ensure Compliance with Fertility & Family Laws: The lawyer ensures that your surrogacy arrangement complies with the relevant fertility and family law in your jurisdiction, especially regarding the use of donor sperm or eggs and the requirements for surrogacy agreements.
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Obtain Parental Rights through Parentage Order: After birth, a surrogacy lawyer assists in securing a parentage order through the Family Court, which legally transfers parentage from the surrogate to the intended parents. This step is essential to ensure the intended parents are recognised as the child’s legal parents.
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Navigate Cross-State Surrogacy Arrangements: If the surrogate is in a different state or territory, a surrogacy lawyer helps manage legal complexities between states, ensuring that surrogacy agreements and court applications for parentage orders meet the laws of both jurisdictions.
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Assist with Medical & Fertility Procedures: A surrogacy lawyer can provide advice on the legalities of medical procedures, including the use of genetic material, ensuring that all medical steps comply with the relevant laws in your state.
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Handle Disputes: In the event of disagreements, whether over the terms of the surrogacy agreement or the transfer of parental rights, a surrogacy lawyer can provide representation and mediation services to resolve issues fairly and legally.
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Provide Counselling & Psychological Support Guidance: Lawyers often guide the parties to counselling to address the emotional complexities of surrogacy, ensuring that all parties are mentally prepared for the process and its challenges.
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Ensure Ethical Practices: They help ensure the surrogacy arrangement is ethical, with no illegal payments, and that the surrogate is fully informed of her rights and responsibilities, maintaining transparency and fairness throughout the process.
A surrogacy lawyer’s role is crucial not just for legal advice but also for safeguarding the rights and interests of all parties involved, ensuring that the surrogacy journey is as smooth and legally secure as possible.
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Book Your Free Appointment
During your initial free consultation we will:
- Discuss your circumstances.
- Answer any questions about the divorce process.
- Discuss your options.
- Advise you of your entitlements.
- Provide you with information about the cost of a divorce and separation.
Call our office or fill in the contact form to book your free appointment.
Office Hours
Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)
Wednesday Evenings 5:00pm – 7:00pm
(by appointment only)
Get Your First Appointment Free
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Family Law
Services
Know Where You Stand
Frequently Asked Questions
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Can a surrogate mother receive payment in Victoria?
In Victoria, a surrogate mother can only receive payment for reasonable expenses directly related to the pregnancy. This includes medical costs, legal fees, travel expenses, and counselling. Commercial surrogacy, where a surrogate receives payment beyond these expenses or a material benefit, is illegal under Victorian law.
What is altruistic surrogacy?
Altruistic surrogacy involves a woman carrying a child for intended parents without material benefit, providing support through the surrogacy process under family law guidelines. This is legal in Australia. Costs in surrogacy arrangements include legal fees for fertility lawyers, medical expenses, and counselling, but any material benefit for surrogates is illegal in Australia.
What is commercial surrogacy?
Commercial surrogacy arrangements involve payment beyond expenses for the surrogate’s services, which is illegal in Australia under fertility law and family law.
Is surrogacy legal in Victoria?
Yes, surrogacy is legal in Melbourne, but only altruistic or gestational surrogacy is allowed. Commercial surrogacy and international arrangements are prohibited. Victoria and New South Wales have strict fertility laws, but each state varies in terms of surrogacy and donor conception regulations, with family law courts overseeing arrangements.
What is the Patient Review Panel?
The Patient Review Panel for surrogacy in Victoria is an independent body that reviews applications for parentage orders, ensuring that the legal rights of all parties involved in a surrogacy arrangement are respected and in accordance with Victorian laws.
How do you qualify for surrogacy in Australia?
Intended parents must provide evidence of medical necessity, enter into a surrogacy agreement, and receive independent legal advice before proceeding with the surrogacy process.
What are the issues with surrogacy in Australia?
Issues include legal complexities, the court refusing to grant a parentage order, emotional challenges, and the potential for disputes regarding the intended father’s parental rights. There have also been matters in which altruistic surrogacy has been deemed commercial due to gifts or financial support given to the surrogate.
What rights do surrogate carriers have in Victoria?
Surrogates in Victoria, especially in gestational surrogacy, have the right to make decisions regarding their health and pregnancy, but the best interests of the child are paramount.
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What rights do sperm donors have in Australia?
Sperm donors have limited parental rights, and a donor arrangement must be legally agreed upon, addressing potential future involvement in the child’s life.
What happens if either party of a surrogacy agreement changes their mind?
If a surrogate changes her mind, the intended parents may seek a substitute parentage order through the family law courts, depending on the agreement and best interests of the child.
What are the requirements for surrogacy in Australia?
Surrogates who wish to assist intended parents must be over 25, be in good health and have previously given birth. Intended parents must meet medical and legal requirements.
What should a written agreement include?
While a written agreement is not mandated in Victoria, it’s a good idea to have one in place. A written surrogacy agreement must outline parental rights, the surrogate’s health decisions, agreed compensation (if altruistic), and independent legal advice for all parties involved. It’s vital to have this overseen by a surrogacy lawyer to ensure it is legally sound.
What is a donor agreement?
A donor agreement is a legally binding contract that outlines the rights and responsibilities of sperm or egg donors, intended parents, and the surrogate involved in the surrogacy process.
How many babies are born through surrogacy in Australia?
Approximately 300 to 400 babies are born annually through gestational surrogacy in Australia, with increasing interest in both domestic and international surrogacy arrangements.
What happens if the intended parents and surrogate live in different states?
When the intended parents live in Victoria, and the surrogate resides in another state or territory, or vice versa, the legal process becomes more complex. Each state in Australia has its own surrogacy laws, and this can affect the surrogacy agreement and the process of obtaining a parentage order.
Why do I need to see counsellors and lawyers?
Counsellors ensure emotional support, while fertility lawyers and family law specialists (such as our Melbourne-based surrogacy lawyers) provide advice to ensure compliance with surrogacy laws and guide the parentage order process.