Surrogacy Agreements

Surrogacy Agreements are an important part of the surrogacy process, but they are not like other legal agreements and are generally unenforceable (except insofar as they relate to the reimbursement of expenses).

So why do we need them? Firstly, although generally unenforceable, most Australian States require that parties have entered into a written surrogacy agreement for a Parentage Order to be made. Secondly, surrogacy agreements set out the parties’ intentions regarding key issues, such as where the baby will be born and how many IVF cycles will be attempted to conceive.

Do you need a lawyer to prepare your surrogacy agreement? Not necessarily, you can write your own or have an experienced surrogacy lawyer prepare one.

As part of my advice to clients, I set out the aspects that need to be covered in a surrogacy agreement so you can prepare your own and save money on legal fees.

Nicole Russell is a specialist surrogacy and fertility lawyer advising heterosexual and LGBTIQ+ individuals and couples to achieve their dreams of becoming parents. Nicole provides specialist legal advice on all aspects of Australian and international surrogacy arrangements and fertility legal issues including the use and transport of donor gametes. Nicole is based in Melbourne and acts for clients in all Australian states and territories. Nicole is an IVF warrior and a mum through surrogacy in Australia.