DQ Alpha Gene & Surrogacy

If you have been tested for the DQ Alpha Gene match as part of your fertility testing, you will know that it can cause, what doctors call, a hostile uterus. Since I am definitely no doctor, I won’t attempt to explain the details further but it is safe to say IYKYK......

Recently, I have been asked whether couples with a DQ Alpha match could enter into surrogacy arrangements with other couples who are a different match (again, IYKYK). Initially I thought GENIUS, but when you work it through, there are many reasons why it doesn’t work. Here’s why:

  1. To be eligible for surrogacy, you need to have a medical or social need for surrogacy. Yes, having the DQ Alpha gene is considered to be a medical need (according to some doctors, not all) but you need to remember that the professionals who approve surrogacy arrangements (either by independent panels, such as in Victoria and Western Australia) and who consider applications for parentage orders, may have a hard time understanding that a woman could carry a baby for another couple with a different DQ Alpha match. That is your first hurdle.

  2. Secondly, and probably most importantly, I don’t think any surrogacy psychologist would recommend that an arrangement of this type proceed. Why? Well, what if only one couple gets a baby and not both? How hard would it be to hand a baby over if you were longing for your own? Its unfortunately fraught with issues.

  3. In Victoria, there is a requirement that a surrogate must have previously given birth to a child (and it is preferred that a surrogate has completed her own family before assisting another).

I know that this is not the answer that many of you wanted and I am sorry. If you would like to discuss your individual circumstances with me, please contact me.

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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