Surrogacy arrangement
A surrogacy arrangement is approved by the Reproductive Technology Council. The arrangement must comply with the Surrogacy Act 2008.
Surrogacy agreement
A surrogacy agreement will form part of the surrogacy arrangement. The agreement sets out details between the birth mother and arranged parents.
A surrogacy agreement is required for the Reproductive Technology Council (external site) to approve a surrogacy arrangement and for the Family Court to consider a parentage order.
The surrogacy agreement might include expenses that will be covered or reimbursed, number of cycles that will be attempted, future contact or communication between arranged parents, birth mother and child.
The only part of a surrogacy agreement that this legally enforceable relates to costs and expenses for reimbursement.
Independent legal advice must be obtained by all parties to a surrogacy agreement. Legal advice must be obtained at least 3 months before approval of a surrogacy arrangement.
Parentage order
A parentage order is issued by the Family Court on application from the arranged parents. The order transfers parentage from the birth mother and her partner (if applicable) to the arranged parents.
The application for parentage order must be made between 28 days and 6 months after birth. The child must be living with the arranged parents when the application is made.
An application for a parentage order must be accompanied by the approved surrogacy arrangement and the surrogacy agreement.