Best practice for international surrogacy
In a recent post, we talked about ‘best practice’ international surrogacy arrangements. Largely, ‘best practice’ ensures that the surrogate mother is protected from imbalances of power and her bodily autonomy is recognised and respected.
‘Best practice’ arrangements include the following elements:
The surrogate understands the terms of any written surrogacy agreement when she signs it (and if English is not her first language, ensuring that all documentation is translated for her).
The surrogate has received independent legal advice and counselling prior to entering into the surrogacy arrangement.
The surrogate entered into the surrogacy arrangement with her informed consent and before the child was conceived.
The surrogate is not experiencing financial difficulty at the time of entering into the arrangement.
After the birth of the child, the surrogate’s views were sought about the transfer of legal parentage from her to the intended parents and what relationship, if any, she proposes to have with the child post-birth.
Nicole Russell is a specialist surrogacy and fertility lawyer advising heterosexual and LGBTIQ+ individuals and couples to achieve their dreams of becoming parents. Nicole provides specialist legal advice on all aspects of Australian and international surrogacy arrangements and fertility legal issues including the use and transport of donor gametes. Nicole is based in Melbourne and acts for clients in all Australian states and territories. Nicole is an IVF warrior and a mum through surrogacy in Australia.