New South Wales Surrogacy Legal Advice
You need to obtain surrogacy legal advice from us if you or the other party to the surrogacy arrangement live in New South Wales, if the child is born in New South Wales, or if there is some other connection with New South Wales.
In New South Wales, surrogacy arrangements are governed by the Surrogacy Act 2010. The Act prohibits commercial surrogacy arrangements and specifies the requirements for obtaining a parentage order for the child born through surrogacy to be recognised as the child of the intended parents instead of the surrogate mother (and her partner). One of the requirements is that the affected parties, being the intended parents and the surrogate mother and her partner, must obtain independent legal advice regarding the surrogacy arrangement.
Even if you never intend to apply for a parentage order under the Surrogacy Act in New South Wales, but you otherwise live in New South Wales, you need to be aware that the Act still applies to you. This is important because it means that if you have a commercial surrogacy arrangement with someone else in another state or even in another country, the fact that you live in New South Wales means that you may be prosecuted for infringing the Act’s prohibition on commercial surrogacy.
While general advice regarding the application of the Surrogacy Act to interstate and an international surrogacy arrangement (altruistic and commercial) is part of the legal advice services and representation that we provide, it is not our focus. The focus of our surrogacy legal advice is predominantly in relation to the legal process to obtain a parentage order in New South Wales.