Beginning the surrogacy process? It's important to know who your surrogate can be.
Becoming a surrogate is a significant decision, and one that comes with legal requirements designed to protect everyone involved, the surrogate, her family, and the intended parents.
Age requirement
In New South Wales, a surrogate generally needs to be at least 25 years old at the time the arrangement is entered into.
Independent advice and counselling
Before entering an arrangement, a surrogate needs to receive independent legal advice, separate from the intended parents' advice, and counselling. This helps make sure she fully understands what's involved and that her decision is genuinely informed.
Her partner's involvement
If the surrogate has a partner, they're generally involved in the arrangement too, and may also need to provide consent as part of the process.
A genuine, altruistic basis
The arrangement needs to be altruistic, meaning the surrogate can be reimbursed for reasonable expenses relating to the pregnancy but not paid a fee to carry the child.
It's a considered decision
Because of what's involved, both practically and emotionally, becoming a surrogate isn't something to decide on quickly. The legal requirements around advice and counselling exist to support that considered decision-making.
Thinking about becoming a surrogate?
Our surrogacy lawyer Nicole Aghabi can explain exactly what's required, answer your questions honestly, and make sure you get the independent advice you're entitled to.
For further information on how the process of surrogacy works, you can read our other articles:
This article is general in nature and is not intended to be tailored legal advice. Before you enter into any agreement it is recommended that you seek formal legal advice that considers your situation and any relevant circumstances.
