Pursuant to the Status of Children Act 1996 (NSW), an Egg Donor is NOT considered the parent of the child.The surrogate (i.e. birth mother) and her partner will be the presumed parents.
Donors have no legal or financial obligation to the child.
Once the child turns 18, they will be able to access the donor’s information.
Donors are required to provide all medical information and undergo genetic testing to assess suitability to ensure everyone is on the same page about issues such as social, physical and psychological implications.
GET LEGAL ADVICE – This is not so much a fun fact but really important!
It is good to have a Donor Agreement to solidify the agreement between the parties.
Egg/Sperm Donor Agreements – Do you need one?
Do I need a Donor Agreement?
No (except regarding clinics)
Should I have a Donor Agreement?
Why Donor Agreements are important?
Donor Agreements (i.e. Sperm Donor Agreements or Egg Donor Agreements) are not enforceable in Australia
Donor Agreements can be useful as evidence of the parties’ intention at the time of signing the Agreement.
Donor Agreements require people to get everyone on the same page:
To outline the parties’ respective obligations and expectations to one another.
What is the role the donor will be playing in the child’s life (if any).
Confirming the payment arrangements of any out-of-pocket medical expenses.
If you have an overseas donor, then a Donor Agreement should be even more relevant
Can you import the gamete (the donor egg or sperm)?
Are you travelling to that country?
Altruistic Vs. Commercial Surrogacy
Altruistic surrogacy = NO financial benefit for the surrogate. Payment of expenses is permitted.
Commercial surrogacy = financial gain for the surrogate.
International Surrogacy – Do you need an Australian Lawyer?
There are various considerations to take into account, some of these are:
Is the surrogacy altruistic or commercial?
Whose name(s) will appear on the birth certificate as the parent(s)?
Is there an agreement/contract overseas?
Where do you intend to live as a family?
Australian Legal Advice Before Surrogacy
ALWAYS get advice before committing overseas.
When? Too early may be pointless, but too late may be too late!
Issues to discuss:
What is the nature of the agreement/contract?
What will be the arrangements to place the baby in your care?
Does anything need to be changed in relation to the agreement/contract and arrangement?
Potential ramifications if commercial arrangements are illegal.
Will you need to take further steps to have the child recognised formally as ‘yours’?