Questions from our surrogates
I have been a surrogate and want to do it again for someone else. Can I?
In Australia, there are no legal limits on the number of times a woman can be a gestational surrogate (whether for one family or multiple). However, even after having done it successfully before, a surrogate must repeat the counselling process, receive updated medical clearance and updated legal advice. I have acted for many women who have been surrogates multiple times, feel free to contact me with any questions.
Can I be a surrogate if I have not had my own children?
In some Australian states, it is a legal requirement that a surrogate has given birth. In other states, there is no such requirement. If you are thinking of being a surrogate or using a surrogate who has never had children, I urge you to consider:
The unknown risk of any medical complications either in pregnancy or birth; and
The difficulty to predict or prepare for the emotional impact of pregnancy, specifically pregnancy with someone else’s child, and the potential complexities that come with that.
Where teams wish to proceed with a surrogate who has not previously had children, I encourage a preliminary legal meeting before commencing the process in earnest and I would urge additional counselling.
I have found a surrogate but she is not an Australian citizen or permanent resident. Is that OK?
If you have found someone to be your surrogate and she lives in Australia but is not a citizen or permanent resident (PR), there are many factors to consider before going ahead.
In some states, a surrogate must be a citizen or PR (SA and NT);
If your surrogate is on a temporary visa, what will happen if the visa expires while she is pregnant?
What if the surrogate needs to return to her home country during pregnancy and is unable to return before the birth?
Will your surrogate be in Australia and available for the parentage order process post birth?
Does your surrogate have a good command of the English language and fully understand the implications of the surrogacy arrangement?
Is your surrogate financially secure?
Please contact me to discuss these aspects further if you are thinking of using a surrogate without citizenship or PR status.