Surrogacy and Egg Donation
Considering that surrogacy laws in NSW have only been in place since 2006, it’s not surprising that there’s still much more to be discovered and uncovered. There has not been sufficient time to develop volumes of case law and precedents to guide us through every aspect of surrogacy.
One of these aspects is the issue of whether the surrogate and the egg donor can be the same person.
While this may not be a dilemma faced by all Intended Parents, it is one that needs to be addressed. When the question was first posed to me, my initial thinking was “why not”? After all, that is the case with most pregnancies, and ultimately, the purpose of the application for parentage order is to transfer parentage from the Surrogate to the Intended Parents, regardless of genetic connection.
So why is this a topic of discussion?
Part of the lack of clarity around this issue is because the legislation dealing with surrogacy is silent on this topic. It does not afford any guidance or propose a position on the matter, which leaves the practitioners in this area to come up with certain rules or “best practices”. In fact, many IVF clinics have internal policies which state that the surrogate and egg donor cannot be the same person.
This provides an additional hurdle for Intended Parents who are in this position. While it does not necessarily mean that your surrogacy journey has come to a standstill, it does present a unique set of challenges including finding an IVF clinic to suit your circumstances or satisfying the ethics committee but ultimately, it is not against the law for your surrogate and your egg donor to be the same person.
If you need assistance navigating the legislative rules and requirements through your surrogacy process, do get in touch. Our lawyers would be happy to help as best we can.
For more information on our surrogacy services and quotes on our professional fees, please contact us or visit our quoting page. One of our experienced surrogacy lawyers would be more than happy to get in touch to see how we can best assist you along your journey.