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Surrogacy and Adoption

Surrogacy and Adoption

Are you a parent of a child born under a surrogacy arrangement and want to know your rights? Is your child adopted or do you wish to adopt a child? At Cominos Family Lawyers, we are able to assist you with these matters.

We have experience and knowledge of the relevant legislation to advise and represent you with confidence and care in these matters. We understand that surrogacy and adoption require special skills and are sensitive matters.

Frequently asked questions

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 specialised 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 into 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 I am the biological father, am I liable to pay child support?
You may be liable to pay child support, as this is a tricky area of the law, please contact us to discuss your options.

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.

Cominos Family Lawyers. Call 02 8999 1800 or email us here.