Surrogacy Q&A with Nicole

When do we create embryos for use in a surrogacy arrangement?

It depends!  Embryos may be created during the course of fertility treatment and once it has been recommended that a patient move to surrogacy, those remaining embryos can be used.

If that is not the case (for example, in the case of a same sex male couple), it depends on the fertility clinic.  Some clinics like the surrogacy counselling and approval (if necessary) to be obtained first.  There is no legal requirement that it occur this way and my preference is that embryos are made first.  If you need advice on this, please contact me!

Can we select the gender of our embryo?

In Australia, gender selection may only be available in certain circumstances.  In Victoria, the only permitted reason for gender selection is on medical grounds (ie where there is a risk of a genetic disease that would impact a child of one genetic but not another).

What is the time limit to file an application for a Parentage Order?

In each state, an application for a Parentage Order must be filed by the intended parent/s before the child is 6 months old.  There are limited circumstances upon which a Court will grant a Parentage Order when it is filed after this time limit.  My advice: get onto it early!  If you miss the time limit, it will cost more time and money and the consequences are significant.

What if the Court refuses to grant our application for a Parentage Order?

If a Court refuses to grant an application for a Parentage Order, the consequence is that the child’s original birth certificate cannot be changed (that is, it will not have the intended parent/s details on it) and legal parentage will remain with the surrogate.