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Surrogacy - Protecting your rights and the rights of your baby

Thursday 26th July 2018

By: Paul Staindl

If you are physically unable to carry and give birth to a baby, you may be considering surrogacy.

This complex process involves commissioning a woman, outside your relationship, to carry and deliver your baby. Following the baby’s birth, it is important to know that he or she is deemed to be the child of the birth mother until the commissioning parents’ order takes legal effect.

You may choose to commission a surrogacy if:

  • As a woman you are unable to become pregnant, carry a baby to full-term or deliver a baby
  • As a couple, you have made multiple unsuccessful attempts to transfer a genetic embryo
  • You are a single male or in a same-sex male relationship.

Surrogacy is a complex area of law. Whether you are considering commissioning, or becoming a surrogate, it is essential that you receive expert, independent legal advice to protect your needs both during pregnancy and after the birth of the child.

At Clancy & Triado our accredited family lawyers are experts in this area of law. We work with integrity and empathy, alongside relevant experts including medical specialists and lawyers to smooth the journey for our clients. We also have contacts in California, India, Thailand and elsewhere, where surrogacy is often practised.

If necessary, we can obtain Orders that determine who has parental responsibility for a child, where the child is to live, and how much time they are to have with the other parent. It is our aim to achieve the best outcome for you and your family, with as a little stress as possible

Understanding the Assisted Reproductive Treatment Act 2008 (Vic)

At Clancy & Triado our accredited family lawyers are familiar with the Assisted Reproductive Treatment Act 2008 (Vic), which came into operation on 1 January 2010 and deals with surrogacy and in vitro fertilisation in Victoria. The Act removed the status of a person’s relationship and their sexual orientation as barriers to acting as a surrogate or participating in a surrogacy arrangement.

The Act also allows a surviving spouse of a deceased person to attempt IVF if the deceased provided written consent prior to their death.

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