Introducing Surrogacy NSW – Surrogacy Law and Advice

Welcome to Surrogacy NSW

You’re here – visiting this website and reading this article – because at the end of a long (and probably stressful and tiring) process you’re now taking the first of many steps towards having children through surrogacy.

Whatever the reason for your journey and regardless of the path you’ve travelled so far – you’re here now. You’re here because you want to learn more about the legal framework of surrogacy, you want to understand the legal implications and consequences of having a child through surrogacy, and you need legal advice. Well, you’ve come to the right place.

Over the years, my team and I have provided surrogacy legal advice to many intended parents as well as surrogate mothers and their partners. We’ve help people navigate through the legal issues even before the surrogacy laws existed. Since then we’ve had the privilege to witness the introduction of laws in New South Wales, with the enactment of the Surrogacy Act 2010, to legally recognise surrogacy arrangements.

I’ve developed this website because I recognised that surrogacy arrangements are socially complex (today), which then gives rise to various legal issues. Some of the legal issues around surrogacy have been partly resolved by the introduction of and subsequent changes to surrogacy legislation, while others will require wider social acceptance and future legal reform. Unfortunately, there are always going to be some issues that will remain in contention or at least take several generations of social change. For some people, exploring options with international surrogacy arrangements adds another level of complexity, especially in terms of reconciling the different laws (and migration issues) of each country as well as dealing with different cultures and social norms.

I’m not claiming to be an expert on surrogacy matters, there’s enough lawyers, academics, legislators and social commentators (all with an opinion) who make that claim for themselves already. I just listen to the real-life stories from the community, from people just like you, and provide social and legal perspective and insight.

My hope that you can benefit from our experience, which is also built on the collective experiences of our clients going through surrogacy. You’ll find that other clients before you have had the same questions or encountered the same issues that you’re facing right now. We’re all not that different and you’re not alone.

What next?

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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.