NSW Attorney-General fights to improve NSW Surrogacy laws

Attorney-General Gabrielle Upton is fighting to give more prominence to surrogacy and surrogate mothers in New South Wales. She is determined to improve existing laws around surrogacy by giving couples an opportunity to advertise for surrogates, and for the quick transfer of children born out of surrogate arrangements.

The NSW Surrogacy Act of 2010 is currently under review by the Department of Justice, and will improve the "potential reform around time limits for applying for a parentage order and the advertising of altruistic surrogacy arrangements,” Upton told Fairfax Media.

Currently, Australia only permits altruistic surrogacy. Surrogates aren’t allowed to be compensated for carrying a baby and commissioning parents aren't allowed to advertise for a surrogate.

"I am determined to ensure our laws make surrogacy easy, and most importantly put the interests of the child front and centre,” Upton said. Surrogacy advocates have been fighting to introduce compensation for surrogates so as to reward and value their contribution.

According to the Sydney Morning Herald, surrogacy experts reported an increase in the number of surrogate babies born as the practice becomes more acceptable, and couples are relying more on the Internet to find strangers to carry their child. "We'll continue to see an increase in domestic surrogacy as more and more people talk about it," added surrogacy lawyer Stephen Page.

The cost of altruistic surrogacy in Australia varies from AU$25,000 to $60,000. A commercial surrogacy arrangement can cost up to AU$80,000 in India and as much as AU$250,000 in the U.S. All altruistic surrogacy in Australia must be over 25 years of age and fertility clinics prefer those who have already given birth and have family of their own.

While the move would make the practice more commercial, it is very important for good interpersonal relationships to develop between commissioning parents and the surrogate, said Melbourne IVF medical director Dr Lyndon Hale. An official inquiry into the legal and regulatory aspects of surrogacy arrangements was recommended by the House of Representatives standing committee on social policy and legal affairs.

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