IVF, surrogacy and parentage

Surrogacy and IVF are becoming increasingly popular in Australia as an alternative for couples who cannot conceive children.

Legislation around these arrangements is complex and differs between states and territories, so it is important to seek legal advice and support.

Whether you are involved in a surrogacy arrangement, or you are an IVF donor or recipient, Dimocks can help you:

  • draw up an altruistic surrogacy agreement
  • apply for a parentage order
  • understand your rights and responsibilities as a legal parent.

Children born of IVF and surrogacy, and their parents, gain important rights and protections when parentage is legally conferred. Legal parents have the right to make medical decisions and apply for passports for their children, for example.

A presumption of parentage can also have significant consequences in terms of whether you have parental responsibility for a child, or can seek or be compelled to contribute financial support for a child.

Following amendments to NSW surrogacy laws in 2011, the intended parents of a child born through altruistic (non-commercial) surrogacy can apply for a parentage order to gain full parenting rights, and to have their names on the child’s birth certificate. All parties must receive legal advice and counselling to be eligible to apply for a parentage order.

In NSW, it is a criminal offence for a NSW resident to enter into a commercial surrogacy arrangement.

A child conceived through IVF is legally considered to be the child of the birth mother, but the intended parents can apply for parentage to be transferred to them. Donors have no legal or financial obligations.

Contact us to discuss your situation.

Dimocks Family Lawyers

Level 1,17 Castlereagh Street, Sydney NSW 2000, Australia
Postal Address: GPO Box 3255, Sydney NSW 2001

Phone: (02) 9221 8390
Fax: (02) 9221 5282
Email: admin@dimockslaw.com.au

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