Legal Services

Supporting you to achieve your parenthood dream

We have extensive experience in providing legal advice on all aspects of surrogacy and fertility matters, including cross jurisdictional surrogacy arrangements, international surrogacy arrangements and donor arrangements. 

We get to know you and your story and provide personalised and sensitive advice, support and guidance.

Our Legal Services

We are experts in surrogacy and fertility law with a passion for assisting and empowering our clients to create families. Nicole is a specialist lawyer advising heterosexual and LGBTIQ+ individuals and couples to achieve their dreams of becoming parents. We have expertise in:

  • Legal advice to intended parents and surrogates in Australian surrogacy arrangements (specialising in interstate arrangements).

  • Legal advice to Australian intended parents in International surrogacy arrangements.

  • Written Surrogacy agreements.

  • Court applications for Australian intended parents for Australian parentage orders (all states and territories).

  • Donor conception, including import/export of donor material.

  • Donor agreements.

  • Patient Review Panel applications (Victoria).

  • Court applications for Parentage Orders (all states).

  • Parenting plans.

  • Posthumous use of gametes.

  • Applications to VARTA (presumption against treatment, import or export of donor gametes).

  • Applications to VCAT (appealing VARTA decisions).

“I have channeled my own personal experience into a professional passion to assist others”.

NICOLE RUSSELL

What’s involved?

  • Insert contact details here

  • 15 minutes (complimentary)

  • During this meeting Nicole will advise you in response to your needs.

  • For new surrogacy arrangements, a detailed letter of legal advice will follow the meeting.

  • Written agreements will follow (if necessary) (for example, written surrogacy agreement).

Why choose Nicole as your lawyer?

  • She has nearly 20 years’ experience as a lawyer.

  • She has a personal surrogacy story.

  • She provides a safe, and sensitive space for your journey to parenthood.

  • She takes a collaborative approach by liaising with your counselling and medical teams where needed.

  • She specialises in complex surrogacy arrangements.

  • She will respond to your communication efficiently.

  • She is passionate about her work.

FAQs

  • Yes, provided that the relevant state legislation is complied with.

  • In Australia, only altruistic surrogacy is permitted. Surrogates may be reimbursed for certain expenses (which are set out in the relevant state legislation) but it is illegal for a surrogate to obtain a commercial benefit for being a surrogate.

  • Yes! We act for clients in all Australian states and territories.

  • Yes. It is a legislative requirement that the intended parent(s) have a lawyer and the surrogate and her partner (if she has one) have their own, independent lawyer.

  • When you engage Nicole, she will provide you with a formal letter of engagement, which sets out information about my fees and payment. Generally, she will invoice you once she has completed your advice.

  • As an expert in this field, we recommend engaging a lawyer early to prepare your application. The application process can be lengthy and stressful. It involves several affidavits (legal documents that are governed by the rules of evidence and relevant Court rules) and application documents. The Courts are also regularly requesting additional written submissions to accompany applications.

    Nicole takes the stress out of the process by preparing all documents for you, which allows you to focus on your newborn baby.

Helpful Links