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Surrogacy and Adoption

Are you a person who is thinking about adopting a child ? Are you a person who is contemplating entering a surrogacy arrangement?

We understand that surrogacy and adoption require special skills and are sensitive matters. We have experience and knowledge of the relevant legislation such as the Surrogacy Act NSW 2010 and Adoption Act NSW 2000 to advise and represent you with confidence and care in these matters.

Frequently asked questions

Do I have to see a lawyer before I enter a surrogacy agreement?

If you were wanting to enter a surrogacy agreement all parties must seek legal advice from an Australian legal practitioner before signing the agreement.

Do I need the consent of the Department of Family and Community Services to adopt a child?
Yes, you do need the consent of the Department, unless you are a relative of the child.

Do I have to pay the birth mother under a surrogacy arrangement?
The current law makes it clear that commercial surrogacy is illegal in the state of NSW. For those parents who have been involved in overseas parenting arrangements, please contact us for specialized advice. The only costs that are allowable under the surrogacy arrangement are costs associated with the medical care of the birth mother.

How old does the birth mother have to be?
The birth mother must be at least 25 years of age.

My partner and I have entered a surrogacy arrangement, is it binding?
Under the law you cannot force the birth mother to hand over the child, if she changes her mind. The arrangement is not enforceable

If you are interested in finding out more about surrogacy or adoption please contact us today.

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