Canberrans looking to build a family now have more options thanks to groundbreaking new surrogacy law reform passed in ACT.

This legislation prioritises the well-being of all parties in surrogacy agreements, guaranteeing fairness and protection. It recognises the undeniable challenges faced by children born through commercial surrogacy arrangements. By establishing a framework for court-approved parentage orders, the legislation aims to mitigate these disadvantages and ultimately prioritise the best interests of the child.

These changes represent a remarkable step towards recognising and protecting children’s rights and welfare, while also setting a strong precedent for other states and territories to follow.

“Surrogacy Australia applauds the ACT government for its efforts to recognise the diversity of families requiring surrogacy. In particular, allowing single intended parents to be recognised as parents in surrogacy arrangements is a long overdue step.”
says Sarah Bevan, SB Family Lawyers.

The changes allow both single people and couples to pursue parenthood through altruistic surrogacy, meaning the surrogate is not financially compensated.

Traditional surrogacy, where the surrogate is genetically related to the child, is also now permitted.

This is a significant step towards equality and removes barriers for intended parents struggling with infertility.

The key changes in the Surrogacy (Parentage) Law

Singles can now become parents

Previously, only couples were eligible for surrogacy in the ACT.

No genetic link to your child is required

Intended parents no longer need to be genetically related to the child, opening up options for couples with infertility issues.

Traditional surrogacy is legal in ACT

This allows for a wider range of surrogacy arrangements.

Greater protections for all

The law mandates independent legal advice and counselling for all parties involved. Surrogates also have increased rights regarding their bodies and choices during pregnancy.

These changes are being welcomed by Canberrans and LGBTQI+ advocates who see them as a step towards a more inclusive society.

The Parentage (Surrogacy) Amendment Bill 2023 – Your Questions Answered

If you are from the ACT and looking to build a family through surrogacy, this amendment to the Bill is welcome news.

The ACT has recently passed the Parentage (Surrogacy) Amendment Bill 2023, making surrogacy a more accessible option for many. Here’s a breakdown of the key changes:

Can single people in Canberra now use surrogacy?

Yes! Previously, two intended parents were required. Now, single people can also pursue parenthood through altruistic surrogacy.

What is altruistic surrogacy?

Altruistic surrogacy means the surrogate is not financially compensated for carrying the pregnancy. They are motivated by the desire to help someone build a family.

What other changes are in The Parentage (Surrogacy) Amendment Bill 2023?

Traditional surrogacy is now an option

This allows the surrogate to be the genetic mother of the child, with eggs and sperm coming from donors.

More flexibility for intended parents

You can advertise for a surrogate and use Assisted Reproductive Technologies (ART) services of your choice.

Stronger protections for everyone

Independent legal advice and counselling are mandatory for all parties involved.

Are you thinking about surrogacy?

Surrogacy can be a complex process, but SB Family Lawyers in Sydney, NSW can guide you through every step of the journey. We have extensive experience in surrogacy law and can help intended parents navigate the legal aspects to ensure a smooth and successful experience.

What are the financial considerations of surrogacy?
What are the legal steps involved in surrogacy?

Surrogate parents and wanting to be declared Parents under the new law

Speak to Sarah Bevan at SB Family Lawyers if you live in ACT and did an overseas commercial surrogacy and one of you are not on the birth certificate for your child or children about becoming recognised as their parents under the law due to the changes coming into place in the Australian Capital Territory.

Sarah Bevan, Surrogacy Specialist Family Lawyer, NSW & ACT

Sarah Bevan stands out as a leader in the field of surrogacy law in Australia, driven by her extensive experience and pioneering contributions to family and fertility law. Founding the Family Law & Fertility Law practice at Sarah Bevan Family Lawyers in 2002, Sarah has dedicated her career to advocating for clients navigating complex family dynamics and reproductive challenges. Her achievement of Specialist Accreditation in Family Law from the Law Society of NSW in 2005 underscores her deep expertise and commitment to excellence in this specialised area.

Sarah’s influence extends beyond legal practice; she is a sought-after speaker at prestigious conferences such as Legalwise Seminars and Growing Families, where she shares insights on surrogacy, international family law, and related legal developments. Her involvement in these forums not only reflects her authority in the field but also highlights her proactive role in shaping industry standards and promoting best practices in surrogacy arrangements.

With a reputation for clear, pragmatic advice and a compassionate approach to her clients’ needs, Sarah Bevan continues to lead the way in advocating for the rights of intended parents, surrogates, and children born through assisted reproductive technologies. Her firm’s presence in Parramatta, Crows Nest, and Surry Hills underscores her dedication to serving diverse communities across Sydney, further solidifying her status as a pivotal figure in Australian family law.

Disclaimer: While this blog post provides an overview of the new Surrogacy Laws, family laws and procedures can vary by state. Please consult with a family lawyer in your state to ensure the information is applicable to your specific circumstances.