lawyers

Who writes your Surrogacy Arrangement?

Written Surrogacy Arrangements

As a couple looking at having a child through surrogacy, after you have identified your surrogate, the next step is to enter into a surrogacy arrangement.

Importantly, you must enter into this arrangement BEFORE your surrogate becomes pregnant (ie, a pre-conception surrogacy arrangement). A pre-conception surrogacy arrangement is necessary if you eventually want to successfully apply for a parentage order, declaring that the child is legally recognised as your child.

In basic terms (see below for the legislative references), a surrogacy arrangement must be in writing and address the basic agreement to become pregnant and when born, the child’s parentage would be transferred. However, at this point, many people find themselves a little lost simply because the Surrogacy Act does not provide direction as to how and what they are supposed to do in terms of writing the surrogacy arrangement.

Fortunately, this is where we can assist. Our experienced family law lawyers have assisted many couples with preparing and reviewing written surrogacy arrangements. You can either choose from our standard precedent surrogacy arrangements, but if they are not relevant or suitable to what you and your surrogate or her partner have agreed, we can easily customise the surrogacy arrangement to meet your specific requirements and reflect your situation.

What does the Surrogacy Act say about surrogacy arrangements?

Section 5(1)(a) states:

“An arrangement under which a woman agrees to become or to try to become pregnant with a child, and that the parentage of the child born as a result of the pregnancy is to be transferred to another person or persons (a “pre-conception surrogacy arrangement”)”

Section 6 states:

“(1) A surrogacy arrangement is not enforceable.

(2) However, an obligation under a surrogacy arrangement to pay or reimburse the birth mother’s surrogacy costs is enforceable, but only if the surrogacy arrangement is a pre-conception surrogacy arrangement.”

Section 23(1) states:

“The surrogacy arrangement must not be a commercial surrogacy arrangement.”

Section 24(1) states:

“The surrogacy arrangement must be a pre-conception surrogacy arrangement.”

Section 34(1) states:

“The surrogacy arrangement must be in the form of an agreement in writing, signed by the birth mother, the birth mother’s partner (if any) and the applicant or applicants.”

Section 36 states:

“Each of the affected parties must have received legal advice from an Australian legal practitioner about the surrogacy arrangement and its implications before entering into the surrogacy arrangement.

The legal advice obtained by the birth mother and the birth mother’s partner (if any) must have been obtained from an Australian legal practitioner who is independent of the Australian legal practitioner who provided legal advice about the surrogacy arrangement to the applicant or applicants.”

What does the Surrogacy Act not say about surrogacy arrangements?

The Surrogacy Act does not say:

  • Who or how to write a surrogacy arrangement.
  • The contents, form or format of a written surrogacy arrangement, aside from the agreement to be pregnant and the parentage of the child.

What should you do about surrogacy arrangements?

In the absence of clear direction from the Surrogacy Act as to how you should write a surrogacy arrangement and what that surrogacy arrangement should contain, it is important to obtain specific legal advice from an appropriately qualified legal professional.

If you have an existing or proposed surrogacy arrangement and you need us to review it to ensure that it complies with the Surrogacy Act (and/or for independent legal advice as required by the parentage order), please contact us by uploading a copy using the form below.

    Upload your surrogacy arrangement for review

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    What next?

    Surrogacy Quote Surrogacy Email Surrogacy Phone

    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
    Director

    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.

    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.

    Altruistic means no one profits?

    Our business is to provide advice

    Last month I wrote a piece about the costs associated with surrogacy, more specifically the things you need to consider when budgeting for surrogacy. Although this wasn’t in direct response to that article, my office received a very curious enquiry from someone who wanted to complain about the medical and legal costs associated with surrogacy.

    Their view was that because surrogacy can only be altruistic (ie, embody selflessness, or more specifically performed without profit) then doctors and lawyers also shouldn’t charge for assisting people with surrogacy. In fact, in their view everyone who could assist with surrogacy should do so without cost and we should be obliged to assist the without fee.

    Unfortunately, we regularly receive this kind of demand from random strangers, not just with respect to surrogacy – but with regards to surrogacy it does raise an interesting topic because of the role that altruistic surrogacy plays within the whole regime. (I’ll let you in on a little secret which is I’ve written a fairly controversial piece on commercial and altruistic surrogacy which I may publish in the coming months, but part of what I intend to discuss here is also partly arising from that line of thought so consider this as a bit of an introduction)

    The bottom line, and I’ll state it fairly clearly, is that we operate a legal practice – it is a business that provides legal services such as advice, drafting and representation. There are on occasions where we provide an element of pro bono services (which involves a reduced fee or no fee arrangement), but in most cases we’ll charge a fee for the services that we provide. That’s the nature of our business. That’s how my lawyers and I earn a living. So to have been told by a stranger that we weren’t allowed to charge a fee to help them with their situation was a little alarming when it was first reported to me, but then I thought to consider the root of reasoning behind that demand.

    Why altruistic?

    Why does the law only recognise altruistic surrogacy? Well, it’s largely due to the potential exploitation of women for profit. Commercial surrogacy involves people (evidently, women) selling themselves or their bodies to become human incubators. I’m sure there are places where it happens right now, perhaps if I could say like human trafficking in all of its socially unacceptable forms (ie, children, prostitution, organs). Where there a demand, a supply and profit to be made – it will exist. However, in New South Wales not only is commercial surrogacy prohibited, it’s criminalised. But as I said, I’ll discuss this further in other articles in the future.

    For now, only altruistic surrogacy.

    I also think the importance around altruistic surrogacy extends further than just the prohibition of commercial surrogacy. What about for the benefit of the intended parents or in the best interests of the child? Shouldn’t there be some form of connection beyond a financial one? I discussed the importance of choosing the right surrogate mother in a previous article and stated that it ultimately comes down to trust.

    Trust is not limited to the fact that a surrogate mother could choose not to consent to a parentage order, but trust in all things related to the pregnancy and the birth in terms of doing it in the best interest of the child and intended parents, but also according to the intended parents’ wishes. If the relationship was purely financially motivated, economics could give rise to outcomes and decisions which were less desirable and possibly unexpected – and with the current legal regime in which the surrogacy arrangement is unenforceable, the social consequences would be disastrous (however, I’ll indicate that the current regime is entirely founded on altruistic surrogacy, and any change to that would involve a complete overhaul anyway).

    Despite some of the issues that intended parents have leading them to ask about commercial surrogacy, even if the law were to change, I still think given the nature of the relationships arising from surrogacy, altruistic surrogacy should always be the preferred option.

    Altruistic service providers

    So back to the issue at hand, if surrogate mothers and the surrogate arrangement is based on non-financial motivations and should be altruistic, what about other service provides in the surrogacy process such as doctors and lawyers? Of course I can’t really write for doctors, but I expect their position will be very similar to our own and that as professionals in our respective areas, we provide a service for a fee. Our involvement in the process is a professional, not personal one, and that we’re only there for the brief moment to satisfy the requirements of the procedure or process. Nothing more. That’s our job. For the time being, the law (and society) allows us to earn a living from our professional skill.

    Are there altruistic service providers? Possibly. However, it all comes down to economics doesn’t it? There a demand for the service and so there’s a cost to supply the service. Generally, whoever receives the service pays for it, but even if they don’t then it just means that someone else pays. There’s always a cost (whether a financial cost or an opportunity cost).

    Costing transparency

    One thing I’m insistent upon with my team is costing transparency. I want our legal services to not just provide you with confidence and peace of mind in relation to our level of service and achieving your outcomes, but also in relation to the legal costs associated with that service and those outcomes. There’s no point offering a solution which is unaffordable – no one benefits. The legal process around surrogacy involves specific points where our services are required, and for that we charge a fee. If we’re not required, then we don’t charge a fee. It’s really quite simple. Unfortunately, if you were to just call and ask “How much does it cost?” that’s a question we probably wouldn’t be able to answer without being able to understand your situation and scope your requirements. We offer fixed fees whenever possible, but if the scope of the work cannot be determined for any reason, we will offer an hourly rate with fixed estimates for known segments of work or specific tasks. Ultimately, we look to work within your budget but also according to your expectations. It might not be altruistic in the truest sense of the word, but we still have your best interest at heart.

    What next?

    Surrogacy Quote Surrogacy Email Surrogacy Phone

    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
    Director

    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.

    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.

    Budgeting for Surrogacy

    How much does it cost to go through surrogacy?

    The cost of the surrogacy process varies greatly depending on the kind of procedures that you’ll be going through – so budgeting for the whole process can be difficult if you’re not sure what’s ahead of you.

    For example, if you’re going through some form of artificial reproductive technology process like in vitro fertilisation there’ll probably be substantial medical costs even if some are subsidised by health insurance. After conception, there’ll also be a range of other costs normally associated with the pregnancy and the birth (ie, health insurance, ultrasounds, medical checkups and tests, consultations with the obstetricians, medical consultations with the obstetricians, pre and post-natal classes, if you so choose).

    The costs that are unique to the surrogacy process, but generally apply to all surrogacy arrangements, are the costs associated with various consultants, such as psychologists and lawyers, with respect to entering into the surrogacy arrangement and subsequently applying for the parentage order. While these costs can vary, I expect they should not vary too greatly as they must all satisfy the same requirements at law.

    Surrogacy Arrangement

    Section 34 of the Surrogacy Act provides that the surrogacy arrangement must be in writing. So who’s going to write this for you? The majority of our clients ask us to prepare the surrogacy arrangement for them. I’d personally recommend this, unless you’ve gone through the surrogacy process before and have a template for a surrogacy arrangement previously accepted by the Supreme Court. If not, then for peace of mind, ask us (or your own lawyer) to prepare the surrogacy arrangement for you. Costs associated with preparing the surrogacy arrangement can vary depending on the complexity of the nature of your relationship with the surrogate mother or parents, and what you want to include in the arrangement. In most cases, we’re able to offer a fixed fee quote to prepare the surrogacy arrangement once we’ve established and agreed on its scope.

    Counselling Required

    Section 35 of the Surrogacy Act provides that the intended parents and surrogate mother or parents must have received counselling from a qualified counsellor (ie, we generally refer to psychologists) before entering into the surrogacy arrangement. The surrogate mother or parents must also receive counselling before consenting to the parentage order. Obviously, there’s a cost associated with all of the counselling which again can very depending on whether the parties being counselled respond appropriately to the counselling. If they don’t, then I expect that it could justify further counselling until such time as the counsellor is able to certify that the parties have satisfied this requirement. Costs range for fixed fee arrangements to hourly rates depending on the complexity of the situation being addressed or the consultations involved.

    Legal Advice Required

    Section 36 of the Surrogacy Act provides that the intended parents and surrogate mother or parents much have obtained legal advice about the surrogacy arrangement before entering into it. Further, the legal advice to the intended parents and to the surrogate mother or parents must be independent form one another. In these situations, we offer a fixed price consultation for reviewing and providing advice on the surrogacy arrangement to either intended parents or surrogate mothers or parents.

    Applying for the Parentage Order

    By the time you’re ready to consider this part of the whole process you’ve probably gone through months worth of treatments to conceive, months of waiting during the pregnancy culminating in the excitement of the birth. You’re nearly there. The legal conclusion of this whole process is to have your child legally recognised as your own. Leaving aside the changes to the law introduced by the Surrogacy Act, the existing presumption is that mother of a child is the woman who gives birth to the child. But surrogacy has changed all that, not just medically, socially but also legally. The law now recognises that a surrogate mother can give birth to your child, but that child will be your child and not the surrogate mother’s child – and that happens by effect of a parentage order.

    Having satisfied all the requirements of the Surrogacy Act, the last step is to apply to the Supreme Court for a parentage order which formally and legally recognises the child born through surrogacy to be the child of the intended parents. Aside for the the costs associated with satisfying the requirements (such as preparing the surrogacy arrangement, and obtaining counselling and legal advice), actually applying for the parentage order incurs the costs in relation to preparing the application, compiling the supporting documentation, the filing fee with the Supreme Court, as well as appearing in court in support of the application. While we generally offer an hourly rate with respect to this work, we’re able to provide fixed fee estimates for different aspects or stages of the work throughout the process.

    Budgeting for legal costs

    Without being able to foretell the future, I try to explain to our clients what they should expect, especially with respect to budgeting for legal costs in the surrogacy process. It’s not an exact science and more often than not, we need to revisit every step each step of the way. If it’s any consolation or reassurance, I advise clients that the legal costs associated with surrogacy will probably be one of the smallest cost components of the whole process – especially compared to the medical expenses that they may incur or probably have incurred before consulting my office. But like those medical expenses, the cost of legal services (or counselling services for that matter) are unavoidable – despite some feedback to the contrary – if you intend to properly follow the process to achieve your goal of being legally recognised as the parents of your child born through surrogacy.

    What next?

    Surrogacy Quote Surrogacy Email Surrogacy Phone

    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
    Director

    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.

    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.

    My sister is having my baby

    Understanding the social and legal complexities of surrogacy

    Some time ago, a client contemplating surrogacy said to me, “I dunno what’s the big deal. My sister knows we’ve wanted a kid for so long, so she’s gonna help us out.” I took a moment before responding, “Yes, but you realise it means that your sister’s gonna have your baby!”

    Is there something wrong with that statement? In the context of an altruistic surrogacy, you would probably think not. After all, the sister is simply offering herself as a gestational incubator for her brother’s child. The child might be a combination of her brother and her sister-in-law’s genes or perhaps a donor one way or another, but it won’t be hers genetically (hopefully). At the end of the process, she’ll give birth to her niece or nephew. So what’s the problem with that statement? What was your first thought when you saw the title of this article?

    Prologue

    This article is largely an opinion and commentary piece. It’s not intended to provide legal information or legal advice, and should not be relied upon in any way – especially for legal research. I’ve just taken a moment to share some of my personal thoughts on the topic of surrogacy, and the challenges that I see for intended parents, surrogate or birth mothers, and children born through surrogacy. I also stress that I’m not offering any answers, in fact you may find that there could be more questions that arise from this article. I would be happy to receive your comments, after all that’s what makes a robust discussion on issues that must discussed in order to be advanced for the benefit of all concerned. Enjoy.

    Where do babies come from?

    It’s the question that all curious children eventually want to know, isn’t it?

    For a very long time, sexual intercourse between a man and a woman, in one form or another was the only recognised way to achieve a pregnancy (except maybe for a single incident of immaculate conception, that is). It was the natural and biological result of that sexual act generation after generation. The human race has procreated throughout history by sexual reproduction and as a species, we depend on it to multiply and survive. So when a woman gives birth to a child, we assume that the woman has had sexual intercourse with a man, and that the man who had sexual intercourse with the woman is the father of the child. I think you’ll probably find that this assumption is wide spread across societies, communities and cultures all over the world – it follows what we all understand to be human biology, a natural science.

    Given these preconditioned social assumptions, when reading the title of this article many of you would have first through ‘incest’, ‘taboo’, ‘scandal’ – or maybe not in those terms, but certainly there would have been a suggestion of it even if it wasn’t a conscious thought. But that’s a normal reaction, isn’t it? The statement, ‘my sister is having my baby’ immediately implies to most readers that the sister is pregnant with the brother’s child, which also implies that a brother and sister have had sexual intercourse resulting in conception. Of course, I intentionally chose that title to get your attention. But why did it get your attention? Maybe it’s because of the possible legal issues (incest is a criminal offence), or maybe it’s because of the social issues (it’s taboo, isn’t it?), or maybe is it because we all love a little scandal? If you had asked my client, he’d ask “… but what’s the big deal?”

    Who’s your daddy? (and mummy?)

    I think it’s fairly safe to say that today’s society does not accept (socially or legally) that a sister should have her brother’s child. Biologically, she can despite its various genetic dangers, but I suspect that the child and the parents of the child would be have difficulty being socially accepted by the wider community. That is of course, if we can only consider conception, pregnancy and parentage in the traditional sense.

    The law as we know it reflects social and religious values, generally being conservative in nature, and it’s with those values that the law addresses the issue of paternity. There are a number of presumptions of paternity based on existing relationships between the mother and her partner or partners (also assumed to be male), while modern science also arms us with the ability to test for paternity through DNA sampling. Irrespective of the presumptions or tests for paternity, maternity has been widely accepted or assumed (biologically) to belong to the woman who gives birth to the child.

    But today, the statement “the woman who gives birth to the child is the mother of the child” is not always the case. Our understanding of who is the father and who is the mother of a child is not what you might have learned from your parents or what you were taught in school. It’s all changed, especially in New South Wales with the introduction of laws recognising surrogacy, namely the Surrogacy Act 2010.

    Where did the surrogacy laws come from?

    A progressive society, especially a progressive society that recognises surrogacy arrangements or even same-sex parenthood (same-sex parenthood often being achieved through surrogacy, if not adoption), challenges the legal presumptions of paternity, the associated social expectations of identifying the father, and the biological understanding of who is the mother. Especially in a progressive society, social change generally precedes law reform, and in the case of surrogacy, medical advancements in assisted reproductive technologies preceded social change. While I assume artificial insemination has probably existed in all forms (some more crude than others) throughout history, in vitro fertilisation (IVF) has only been around since the late 1970s in humans after having been successfully tested in animals in the late 1950s. On the other hand, the laws dealing with IVF and other assisted reproductive technologies were only enacted in New South Wales in 2007 (Assisted Reproductive Technology Act 2007). Interestingly, other states such as South Australia and Western Australia had introduced similar legislation in 1988 and 1991 respectively, nearly 10 years before New South Wales.

    As IVF has been with us for nearly half a generation, most people would not be shocked or appalled by the notion that sexual intercourse between a man and a woman is not the only way to conceive a child – or at least not as shocked as they were when they read the title of this article. With the growing understanding and acceptance of surrogacy, we also begin to recognise that a woman who gives birth to a child is not necessarily the mother of that child.

    I’ve had the privilege of working in the area of surrogacy with would-be parents before the Surrogacy Act was introduced in New South Wales. Surrogacy as a medical/social process and procedure already existed before the laws did. IVF clinics were already assisting intended parents and their surrogate mothers to conceive and birth children. The medical technology existed, there was a level of social demand yet the laws before the Surrogacy Act failed to properly address the situation – potentially to the detriment of the intended parents, but especially at the disadvantage of any child born through surrogacy. Prior to the Surrogacy Act, children born through surrogacy had to be legally adopted by their intended parents even if they were the child’s biological parents.

    I won’t say that the current surrogacy laws are the perfect legal solution to surrogacy arrangements – in fact, I believe there is still some way to go in terms of social and legal reform (but that’s a discussion for another time and another place). For now, consider that compared to other parents, who simply fill out the registry notification form at the hospital or birthing centre, intended parents (and the surrogate mother and her partner) to a surrogacy arrangement must still follow a legal process to be recognised as the legal parents through parentage order made by the Supreme Court. That’s a relatively long and costly exercise – but often, there is little alternative.

    The future of parentage

    I admit the concept of ‘coming from their mummy’s tummy’ is widely accepted with my young children and their peers. That’s considered ‘normal’ for young children, without necessarily labelling anything not that as abnormal. I recognise that there will come a time when my children will acknowledge that not every ‘kid in class’ came from their ‘mummy’s tummy’ (or even that they actually came from a ‘tummy’ at all). In the same way, I think most people acknowledge and accept orphans or children without parents, ‘illegitimate’ children or children ‘born out of wedlock’, children from single parent homes, adopted children or children of same-sex couples. Have I offended anyone by implying that these children are in any way not ‘normal’? Is the term ‘illegitimate’ children even politically correct at all these days? Before you start composing an angry reply to this article, take a moment to consider that perhaps 30-50 years ago (or certainly 100 years ago) there would have been real social and legal issues for some of those children – that would have been the reality of the times. Of course, not so today or at least not to the same degree even though the prejudice can still exist in some communities and cultures.

    A progressive society doesn’t necessarily require wide spread acceptance and it doesn’t mean that pre-existing prejudices cease to exist. The very fact that most people who read the title of this article today probably make one assumption suggests that social acceptance still has some way to go, yet in another 30-50 years from now maybe that same assumption may no longer apply.

    But yes, for now – we’re at the cutting edge of biotechnology and medical advancement, social acceptance is being tried and tested in all directions, and the law is slowly catching up with what is happening in the world around us. I have full respect for our clients who are going through surrogacy today. They’re really the pioneers in these largely uncharted waters. As lawyers, we only see a glimpse or a snapshot with a very limited scope of what intended parents (and their surrogate mothers) need to go through. I foresee some of the legal issues and can only imagine the kinds of social issues that children born through surrogacy will need to face as they come to terms with who they are and where they came from. The reassuring fact is that in time, it will only become easier and maybe there will come a time when we all say “Your sister is having your baby? It’s no big deal. It’s no big deal at all.”

    Epilogue

    For the most part, I’m traditional and conservative – whether that’s my cultural background or my Christian faith – and the opinions expressed in this article may be largely influenced by that as well. But I don’t judge anyone who has chosen this path. I have the utmost respect and admiration for their commitment and dedication to becoming a parent (and have a greater sense of appreciation and gratitude for my children as well).

    Oh, and just in case you were wondering – I don’t have a sister.

    What next?

    Surrogacy Quote Surrogacy Email Surrogacy Phone

    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
    Director

    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.

    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.

    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.

    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
    Director

    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.

    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.

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