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Surrogacy

Some common questions about Surrogacy:

No. The law in NSW makes it illegal for a NSW resident to pay an overseas surrogate mother, regardless of the rules in their country.

Yes. Even if the birth mother has given consent prior to conception, she has all of the parenting rights until a parentage order has been passed by the NSW Supreme Court. The intended parents can only apply for a parentage order 30 days after the birth of the child, and the birth mother must agree. The child must be living with the intended parents, not the birth parent, at the time the application for the parentage order is made.

It depends. Different states and territories in Australia have different laws. In NSW, a couple may become the intended parents of a child born to a surrogate mother living in another state. But in other states or territories the law may specify that all parties to the surrogacy arrangement live in that state or territory.

Yes. In NSW same sex couples may enter into a surrogacy agreement and be granted a parentage order once the child is born (provided all of the legal requirements are met).

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