Why do I need surrogacy legal advice?

You need surrogacy legal advice because:

  • It’s always important to know how the surrogacy laws apply to you and what your rights and obligations are in relation to surrogacy arrangement; and
  • (probably the main motivation for many clients) in New South Wales, the Surrogacy Act provides that you must have received surrogacy legal advice before you can successfully apply for a parentage order in the Supreme Court and be legally recognised as the parents of a child born through surrogacy.

Section 36 of the Surrogacy Act

Section 36 of the Surrogacy Act provides that:

  1. 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.
  2. 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 about the surrogacy arrangement and its implications before entering into the surrogacy arrangement.

What do we do for you?

We have assisted both intended parents and surrogate mothers (and their partners) through the legal aspects of the surrogacy process for many years – even before the surrogacy laws were introduced in New South Wales.

We’ve supported many parents through the IVF process and provided some advice and guidance to other parents who are considering other alternatives such as international surrogacy or adoption. We recognise that the law regarding surrogacy (as well as other related artificial reproductive technologies) have a long way to go before they can catch up with biomedical advancements and social acceptance, but we are committed to representing and assisting you through this process.

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