I attended a two day Surrogacy Conference in Brisbane this past weekend and it was very enlightening for me to observe and learn about the practicalities, challenges and issues of surrogates and intended parents. Organisations and overseas agencies were in attendance, these assist Australian intended parents to have a baby via surrogacy, both altruistic and commercial. The knowledge I gained extended to; what is the practice of 'intended parents' when they return to Australia after engaging in commercial surrogacy overseas and secondly; how intended parents source an altruistic surrogate in Australia, when a family member or friend is unwilling to be a surrogate (as its illegal to advertise for a surrogate). There were a small representation of lawyers in attendance. It is a 'hot topic and an area that continues to gain momentum in society and law. Interestingly, the Parliamentary inquiry into surrogacy laws in Australia has concluded and the Committee's report released. … [Read more...]
Australian Surrogacy Laws Under The Spotlight!
In December 2015 the Federal Attorney General, asked the House of Representatives Standing Committee to inquire into and report on the regulatory and legislative aspects of international and domestic surrogacy arrangements, with a report due to be released on the 30 June 2016. Surrogacy is an intricate and sensitive subject, which raises a number of ethical and legal concerns. What is the focus of the inquiry? What will this mean for family lawyers? … [Read more...]
What Evidence Do You Need In A Surrogacy Matter?
International and domestic research has shown that Australians are overwhelmingly choosing to engage in overseas rather than domestic surrogacy arrangements, even though commercial surrogacy is illegal in Australia. Do you know the law when asked by a client to advise on the issue of surrogacy or manage a surrogacy case? There have been some changes, commencing in January 2016. The Family Law Rules 2004 have been amended by the Family Law Amendment (Arbitration and Other Measures) Rules 2015 ("Family Law Amendment"), with Schedule 3 providing information for practitioners on conducting surrogacy matters. It has replicated the recommendations of Ryan J in Ellison & Karnchanit [2012] FamCA 602. … [Read more...]