Thursday, November 12, 2015

Surrogacy seminars

Surrogacy seminars in just over a week


In just over a week,  Families Through Surrogacy will be hosting surrogacy seminars throughout Australia- in Perth, Adelaide, Sydney, Melbourne and Brisbane.

I will be speaking at the Brisbane seminar on Tuesday 24 November, 2015. Other speakers include speakers from the Ukraine, Canada and Oregon.

Many Australians choose to go overseas for surrogacy, believing that it is quicker, easier and cheaper than back home. Properly organised, surrogacy in Australia should be cheaper and should be easier than going overseas, while providing legal certainty. The difficulties in organising local surrogacy usually revolve around finding a surrogate and an egg donor, and discrimination issues.

Local laws tempting people to go overseas


ACT

In the ACT those undertaking surrogacy have to be a couple, and the surrogate also has to be part of a couple. There isn't discrimination on the basis of sexuality. Fertility treatment must be in the ACT. Due to geography, these problems can usually quickly be avoided, as NSW does not have these restrictions.

Tasmania

Under the Surrogacy Act, all the parties must, unless a court orders otherwise, be from Tasmania. The problem is that the court makes the order after the baby is born- and therefore after the decision is made whether to go ahead with the surrogacy arrangement.

South Australia

SA discriminates against singles and same sex couples seeking surrogacy.

Northern Territory

The Northern Territory has no surrogacy laws. The effect is that IVF cannot be performed there, and those living in the NT have to go interstate or overseas.

Western Australia

WA discriminates against single men and gay couples. Single women, and lesbian couples can access surrogacy in WA.

Where there are legal complications if you decide to go overseas



If you choose to go overseas for surrogacy, then there is always a legal complication as to citizenship (assuming you are an Australian citizen) or visa conditions (assuming you are a permanent resident or NZ citizen living in Australia) and as to whether or not you are a parent.

On top of that there are State laws where it makes it complicated and potentially a jail term by accessing surrogacy overseas. Here is the State by State guide- current as of 12 November, 2015:

Queensland

Potentially you could go to jail for accessing surrogacy and/or egg donation overseas.

New South Wales

Potentially you could go to jail for accessing surrogacy and/or egg donation overseas.

ACT

Potentially you could go to jail for accessing surrogacy overseas.

Victoria

No complications.

Tasmania

No complications.

South Australia

Potentially you could go to jail for accessing surrogacy and/or egg donation overseas.

Western Australia

Potentially you could go to jail for accessing surrogacy and/or egg donation overseas. It is a crime for Western Australian lawyers to advise you about overseas commercial surrogacy.

Northern Territory

No complications.


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