Interestingly, Australia is the largest user nation globally of cross-border commercial surrogacy even though there are sanctions for residents of NSW, Qld and ACT who engage in commercial surrogacy. The long standing debate about whether commercial surrogacy should be legalised in Australia continues, to date, without resolution. Presently, the legislative pathway is difficult (and often produces unintended results) and can be ambiguous in its application.   In addition,  judicial decisions are diverse when commercial surrogacy cases come before Federal Courts. How can you, as a family lawyer, navigate surrogacy matters for the best possible outcome? … [Read more...]