What is surrogacy?
Surrogacy involves a person agreeing to carry and give birth to a baby for someone else. After the baby is born, the birth parent gives custody and guardianship to the intended parent or parents. Surrogacy has complex legal and medical steps that must be met. It’s important to be aware of the process, seek professional advice and build supportive networks
Who is involved?
A person who agrees to carry and give birth to a baby for someone else is known as the surrogate or birth parent. The person or couple who will receive the baby once it’s born are known as the intended or commissioning parent(s).
Many other people need to be considered before taking this life-changing step, including the partner and children of a surrogate, any other children of the intended parent(s) and egg or sperm donors (if any) and their families.
Why might I need to use surrogacy?
Surrogacy gives people an opportunity to have a child if they can’t be pregnant themselves.
People who might want to use surrogacy include:
- females who have a problem with their uterus or have had their uterus removed
- females with health conditions that could make it dangerous for them to be pregnant
- single or gay males
What types of surrogacy are there?
Traditional surrogacy
The surrogate provides her own egg, which is inseminated with the commissioning parent’s sperm. This can be done using in vitro insemination (IVF) or artificial insemination. In this case, the baby is biologically related to the surrogate.
Traditional surrogacy is not allowed in some states in Australia.
Gestational surrogacy
In this type of pregnancy, an embryo is transferred into the surrogate’s uterus. The embryo is formed from the egg and sperm of the intended parents or from donors, using IVF. The egg doesn’t come from the surrogate.
This is the most common type of surrogacy in Australia.
What types of surrogacy arrangements are there?
Altruistic surrogacy
The surrogate does not receive any payment; however, the intended parents pay for costs relating to the pregnancy. This is legal in Australia, but each state has its own specific regulations.
Commercial surrogacy
This involves a surrogate receiving payment or material benefit for being a surrogate, as well as the intended parents paying for costs relating to the pregnancy. It is banned in Australia. In some states, it is also illegal for residents to use commercial surrogacy overseas.
Some states don’t allow certain people to make surrogacy agreements. The criteria might include age, state of residence, health status, relationship status, sexual orientation, gender of the intended parent(s), and whether the surrogate has had children previously. Some states only allow gestational surrogacy while others also allow traditional surrogacy.
In some states, advertising in order to find a surrogate parent or commissioning a parent is not allowed.
In Australia, surrogacy arrangements can’t be enforced. This means that if the surrogate doesn’t want to give up the baby or the intended parents don’t want to take it, they can’t be forced to.
How do I get started?
If you are interested in surrogacy, the first step is to see a fertility specialist. You can discuss the process with your doctor, who can give you a referral.
You may choose to discuss it with your family and friends and ask them for help.
Is counseling necessary?
Counseling is a requirement of surrogacy arrangements. Counseling can help everyone involved understand the complex issues surrounding surrogacy and make sure that they’re comfortable with the process.