the legislation on altruistic surrogacy has given heterosexual couples
The legislation on altruistic surrogacy has given heterosexual couples, who are having problems with fertility, to have a child by virtue of another person. In an instant where the mother is unable to bear a child, the father can ask for a fertile mother to carry his child.
Through the help of Assisted Reproductive Technology (ART) the father can donate his sperm for an intrauterine insemination which will be done to the surrogate mother.
When opting to surrogacy, couples should make a distinction between altruistic surrogacy and commercial surrogacy. Altruistic surrogacy is legal in Australia while the latter is strictly prohibited under the law. In altruistic surrogacy the couples are not permitted to pay beyond medical expenses and other out-pockets costs. If the couples intently pay a sum of money to the surrogate mother or the surrogate mother demands a higher price in exchange for the child, the party responsible may be charge of commercial surrogacy. In order to avoid being charged with commercial surrogacy there are few things that couples should remember.
First, couples should ensure that the reasonable expenses payable to the surrogate mother are made clear and that the court be given the power to grant a parentage order to the intended parents if it is satisfied that it is in the best interests of the child, and that the child is living with the intended parents at the time of the application.
Second, it is imperative for couples to enter into a valid arrangement between the surrogate mother before conception. Although altruistic surrogacy is an effective solution in helping infertile couples to have a child, it still has a lot of risk. When couples are not careful enough, it is not impossible to fall in the loopholes of the legislation.
As part of the entire process, couples are also obliged by law to observe a certain extent of responsibility such as knowing the rights of the surrogate mother, getting familiar with the legislations governing agreements especially in an instant when the surrogate mother changes her mind, and complying with the payment method that is recognized as valid and legal.
Considering the variations of the surrogacy legislation, it is also crucial to be familiar with the adoption laws in your state and the immigration laws that might affect the outcome if an overseas surrogate is engaged. It should be noted that before couples can own the child which was given birth by the surrogate mother, they still have to go through some legal processes.
The lack of uniformity in the laws governing surrogacy in different states around Australia can give confusions to a lot of parents. Considering the widely diverse surrogacy law, the impact of other legislations in effect to surrogacy can also vary. Before entering into any agreement it is always important to consult a family lawyer who expertise in the field.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.