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Surrogacy Lawyer
Surrogacy matters raise complex legal issues for intended parents, birth parents and children. New South Wales law permits altruistic surrogacy. Commercial surrogacy remains prohibited under the Surrogacy Act 2010 (NSW) s 8.
Parents often need legal advice because parentage does not transfer at birth. A court order is needed. The Family Law Act 1975 (Cth) provides the framework for parenting orders. Intended parents often seek a pathway that protects everyone involved and avoids delays.
Our Sydney family law lawyers assist with preparation of agreements, advice on eligibility and representation in parentage applications. Surrogacy issues frequently arise alongside other areas of family law such as domestic and family violence, property matters and parenting disputes. Each matter needs careful planning and accurate procedures.
Why people need surrogacy advice
Parents need advice before commencement of the arrangement because NSW law requires pre-conception counselling and legal advice. This is found in s 17 of the Surrogacy Act 2010 (NSW).
The advice must be provided to both the intended parents and the birth parent. Evidence of counselling and legal advice must be filed in court. Failure to meet the statutory steps often causes refusal of parentage orders. Many parents approach our family law firm in Sydney after they find these steps difficult to manage without guidance.
Common situations needing advice include:
- Same sex couples seeking a lawful pathway to parentage.
- Heterosexual couples facing infertility.
- Single intended parents seeking clarity about rights and obligations.
- Parents involved in overseas arrangements where strict NSW prohibitions apply.
Our Sydney family lawyers check compliance with Australian law, explain the legal process and assist with court preparation.
Our Process
Step 1
Stage one involves legal advice for both the intended parents and the birth parent. Each party needs separate advice, so the court understands the arrangement was informed and voluntary.
Step 2
Stage two involves counselling. This must take place before conception. The counsellor must meet the requirements set out in s 16 of the Surrogacy Act 2010 (NSW).
Step 3
Stage three involves preparation of the surrogacy agreement. NSW law does not enforce these agreements as contracts. They serve as evidence of intentions. Their purpose is to satisfy statutory requirements rather than create enforceable promises.
Step 4
Stage four occurs after the birth. The intended parents then apply for a parentage order. The Supreme Court of New South Wales hears these applications. The court must be satisfied the order serves the best interests of the child. This test appears in s 22 of the Surrogacy Act 2010 (NSW). The court also reviews compliance with pre-conception steps. Our family solicitors in Sydney prepare all documents, evidence and affidavits to support the application.
Related family law services
Surrogacy matters intersect with other family law issues. This page includes short descriptions of related services as required.
Parenting and children
Parenting disputes arise when parents disagree about care arrangements, schooling or major decisions. The Family Law Act 1975 (Cth) applies. Our Sydney family law lawyers assist with parenting plans, recovery orders and parenting proceedings.
Child abduction and recovery
A parent may wrongfully remove a child from care. The Family Law Act 1975 (Cth) provides for recovery orders. We prepare urgent applications where children need protection.
International child abduction
The Hague Convention on the Civil Aspects of International Child Abduction governs cross-border recovery. Australia is a signatory. Our family court lawyers in Sydney handle these applications including filing requests through central authorities.
Parenting arrangements and custody
Parents often need clear arrangements. We assist with negotiation, formalisation of agreements and court proceedings where agreement is not possible.
Child support
Child support is assessed under the Child Support (Assessment) Act 1989 (Cth). Services Australia administers the scheme. We assist with agreements, objections and appeals.
Separation and divorce
The Family Law Act 1975 (Cth) provides for divorce following twelve months separation. Divorce does not determine parenting or property issues. We assist with all associated applications.
Same sex and de facto relationships
The Family Law Act 1975 (Cth) covers de facto and same sex couples. We assist with parenting, property and financial matters arising from these relationships.
Consent orders
Consent orders formalise agreements about children or property. The Federal Circuit and Family Court of Australia must be satisfied they serve the best interests of the child or fall within a fair range. We prepare and file all documents.
Property and financial matters
Property settlements follow the four-step process outlined in cases such as Hickey v Hickey [2003] FamCA 395. We advise on contributions, future needs and fair division.
Division of property and super
Superannuation is treated as property under the Family Law Act 1975 (Cth). We prepare splitting orders and ensure compliance with fund requirements.
Financial settlements
Financial settlements resolve all property issues. We assist with negotiation, mediation and litigation.
Spousal maintenance
The Family Law Act 1975 (Cth) provides for maintenance where one party cannot meet their reasonable needs, and the other has capacity to assist. We assess eligibility and prepare applications.
Family dispute resolution
FDR is mandatory for most parenting cases under s 60I of the Family Law Act 1975 (Cth). We prepare clients and assist with agreement drafting.
Collaborative law
Collaborative practice provides a settlement pathway without litigation. Participation agreements set the process. We guide clients seeking cooperative solutions.
Family therapy referrals
Therapy supports parents and children during conflict. We direct clients to qualified practitioners where needed.
Mediation
Mediation resolves disputes outside court. We assist with preparation and formalisation of outcomes.
International family law
Cross-border matters involve jurisdictional issues and recognition of foreign orders. We advise on applications under the Family Law Act 1975 (Cth) and relevant treaties.
Take the Next Step
Our family law firm in Sydney provides advice on surrogacy and all related family law services. Each matter is handled with care, accuracy and strict compliance with Australian law.