Can my surrogate be interstate?

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Can my surrogate be interstate?

Yes, she certainly can!! We specialise in interstate arrangements, and they generally run very smoothly (at least pre COVID. Last year was particularly difficult for our interstate teams). Generally, the embryo transfer occurs in the intended parents’ home state (and in Victoria, approval from the Patient Review Panel must occur first). The baby will usually be born in the Surrogate’s home state and the intended parents travel to the surrogate for the birth and then bring the baby home. The transfer of legal parentage process occurs in the intended parents’ home state. Each state has slightly different mechanisms when it comes to the issuing of the new birth certificate (post parentage order). We can liaise with the relevant contacts at each state Births registry to ensure that this process is seamless.

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.

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