Surrogacy in South Australia is governed by the Surrogacy Act 2019.
Surrogacy refers to an arrangement whereby a surrogate mother agrees to become pregnant for the intending parents. The parties agree that when the child or children are born, the surrogate mother will surrender custody of and rights in relation to that child or children to the intended parents.
Surrogacy is only legal if it is altruistic, which means that you cannot pay for your surrogate. Intended parents will however need to cover the ‘reasonable expenses’ of their surrogate.
Our Associate, Matilda Redman-Lloyd can assist you with your surrogacy journey. She can advise you of the laws in South Australia and how you can comply with the requirements. As well as prepare the lawful surrogacy agreement.
After a child is born, the intended parents must bring an application in the Youth Court of South Australia for parenting orders for that child. We can assist you with that aspect of the surrogacy journey.
Matilda can see either the intended parents or the surrogate mother and her partner, if applicable. Each party will need independent legal advice and will need to have a solicitor sign the agreement with them.
Give Matilda a call today on 8357 7611 to discuss any of your Surrogacy queries.