Researching Surrogacy in New South Wales

I’m going to take a guess as to why you’re reading this article right now. I think it’s because you’re interested in or curious about surrogacy and the legal aspects of surrogacy (if you’re after information on the medical aspects of surrogacy, then this is the wrong website and you’ll need to look elsewhere). You’re doing your research on surrogacy laws in New South Wales and as many people generally do these days you’re searching over the internet to find out more. That’s normal, and that’s largely the reason why I set up this website.

Our clients use this website as a resource to help give context to what we may inform them or advise them. The reality is that there’s only so much that we’re able to effectively communicate with our clients during any consultation. Our minds work in such a way that anyone attending a consultation will never take away 100% of what we might have discussed, and in fact most people only remember or recall a fraction of the necessary information. By also including some of that information in the form of articles on this website, this resource serves as a reminder or a reference tool to help our clients.

Even if we assume that communication is perfect and there is no loss of information (which of course is never the case) this website also provides another way to communicate the information related to the legal advice that we may provide regarding surrogacy. If you’re referring to this websites and the articles published here, then at least many of the points of discussion can be reviewed or researched further on this website (or others) in your own time. Having the information at your fingertips and on the screen right in front of you makes it easier to read and re-read if necessary until you have a clearer picture and are comfortable with the information – it just makes it more effective communication. It takes time, especially if the topic of discussion is not familiar to you.

So is surrogacy generally a topic familiar to most people? I think more and more people are beginning to understand what surrogacy is and what it means – especially what it means for intended parents or even the surrogate mother. They may not fully understand the legal framework or appreciate the social complexities, but those issues are still largely under review and constantly evolving even as I type.

The information that you may find on this website is not static – it is dynamic. In time, some posts appearing on this website may become out of date and expire their usefulness aside from being a reminder of how things used to be. This may happen sooner than later depending on how fast the law and the world develops. Just within the last few years, there have been many changes in the area of law regarding surrogacy. Many of those changes included reforms attempting to resolve some of the difficulties that intended parents or the surrogate mothers faced when trying to have their surrogacy arrangement recognised by the law even though it was recogised or accepted by them and others around them socially. Had I started this website back then, I may have been writing about other issues around surrogacy which would have been subsequently resolved by the introduction of the Surrogacy Act 2010.

Keep in mind that this is not the only information resource on the internet dealing with the legal issues and the law regarding surrogacy. There are many other websites dealing with the topic of surrogacy, and I encourage you to research widely. As I mentioned, this website largely grew from the demand from my clients and many of the articles here are based on the issues that they face (fuelling the inspiration and the topic of discussion).

Otherwise, aside from supporting and maintaining this website, my firm focuses on providing legal advice and representation when it comes to surrogacy, preparing or reviewing the surrogacy arrangement, providing independent advice on surrogacy to both intended parents or surrogate mothers and their partners, and applying for parentage orders. I have had a well established relationship with several IVF clinics who regularly include my firm details on their information pack to patients and prospective intended parents for my team of surrogacy lawyers to assist with the legal aspects of surrogacy.

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My Personal Invitation

Choosing to have a child through surrogacy or agreeing to be a surrogate mother is an important life choice that shouldn't be taken lightly. As the father of two boys, I personally know the joys (and challenges) of being a parent. I also understand why you're going through what you're going through to become a parent yourself. That's the human condition.

By the time you're reading this article, you've probably spent a small fortune on medical expenses and taken a ride on an emotional roller coaster which I'm sure has had a physical and psychological toll on you and your family. But if you're here, then you've come to the right place and you're heading in the right direction.

My team of lawyers and I have been helping intended parents and surrogate mothers (and their partners) understand their rights and obligations arising from surrogacy, as well as the legal process necessary to ensure a successful outcome, even before the Surrogacy Act was introduced. During this time, we've noticed that there's a general lack of reliable information regarding surrogacy in the public space (including the internet) and that's why we're proud to have developed this website. We developed this website to help you in your research, to understand your legal rights and obligations, and to guide you each step of the way in terms of the legal and social issues that you'll face.

Allow us to have privilege of advising you and representing you throughout the surrogacy process and share the joy of your new family.

Ern Phang

Ern Phang

This website is maintained by Phang Legal, a boutique legal practice in Parramatta that provides legal advice and representation in surrogacy and family law related matters for intended parents and surrogate/birth parents across New South Wales.

Ern Phang is the solicitor director of Phang Legal. Ern regularly writes about his experiences in helping clients with understanding their legal rights and obligations in surrogacy matters.

All information contained in this article is for general purposes only and correct as at the time of publication. You should only rely on information and advice that is specific to your situation and current at the time you wish to rely on it.