If you are on the long journey towards starting your family, there are millions of things that you have to think about. It’s no suprise that you might overlook a few steps in the process. To a certain extent, a good doctor, fertility organisation, counsellor, and solicitor can help you out, but at the end of the day, you have to also make sure that everything’s been done to allow the journey to be as smooth as possible.
One of the matters that can be overlooked very easily is the surrogacy arrangement itself. If you have made an arrangement with a surrogate for her to carry your child, you need to get it in writing!
The Surrogacy Act 2010 (NSW) is the legislation that looks over this area of law. The Act basically says that surrogacy is accepted under certain conditions. The Act also establishes a number of “pre-conditions” before a court can make orders declaring that the intended parents are recorded as the parent of the child born as a result of the surrogacy arrangement.
Section 34 of the Act says that the surrogacy arrangement must be in writing. In the worst case scenario, if this isn’t followed then the court might be unable to make those orders. Even in the best case scenario, the failure to record the arrangement in writing could result in additional time wasted and further legal expenses, as the court must also be convinced that “exceptional circumstances” justify the making of those orders in the situation where a precondition was not met.
The moral of the story – get it in writing! Your journey may be long, but as long as you prepare adequately for it, it might not be a rough journey.