When considering surrogacy as an option for you or someone you know, you should always seek legal advice.
There are long lasting ramifications and outcomes of entering into a surrogacy arrangement. While legal in Australia, there are a range of laws that affect the arrangement you should be aware of if you’re looking into surrogacy.
In Victoria, to carry out the surrogacy procedure, a clinic requires all parties have received counselling and legal advice. This is a very important point to note, as you should always employ counsel and legal guidance to ensure you are fully aware of all the rights, responsibilities and obligations of the surrogacy process.
Rules for the surrogate
As a surrogate, there is a range of rules that govern the process, such as;
- age (must be over 25 years old)
- having given birth to a child previously and
- does not use her own eggs in the surrogacy arrangement
Rules for the parent arranging the surrogate procedure
As a parent arranging the surrogate procedure, there is a range of rules that govern the process being able to be undertaken. This includesd:
- The mother must be infertile, unable to carry a baby or give birth (including being single male or same sex couple) or
- there is a medical risk in the mother attempting to become pregnant herself due to a pre-existing medical issue.
It is always recommended that a surrogacy agreement is drafted up by your family lawyer. This should clearly outline everyone’s intentions and set a framework for any future dispute resolutions should they arise.
The surrogacy arrangement should never be taken lightly from a personal, mental, physical or legal standpoint.
It is always better to have legal advice for everyone involved, no matter how close you are. This is to ensure that down the track all parties are protected by the law throughout the surrogacy process.
Lookng for more information? Head over to VARTA to find out more about surrogacy in Victoria.
To speak with a family lawyer to find out more about surrogacy, contact McClure Law today.