We hear the pitter patter of tiny feet on the horizon….

Being a Surrogacy Lawyer is probably one of the best jobs in the world. No matter which party you are acting for, whether it be the surrogate and her partner or the intended parents, you have the honour of working together as a team to achieve the most wonderful of goals on this earth… making a family.

As a parent myself to three children I couldn’t imagine being without, it is an absolute thrill to be part of something so special and something, really, so personal.

One of our clients recently received the news that all involved were waiting with baited breath to hear… two blue lines, a baby is on the way! To get to this point though, there were a lot of ducks to line up, leaving aside for the moment the matter of getting through the fertility clinic processes to get to even transferring the embryo.

There are a lot of things to consider, a lot of advice to hear and digest, counselling to be organised, documents to be drafted, group discussions to be had. It doesn’t mean that this has to be a necessarily long process, but there are a number of steps that must be followed to ensure that it all ends with a Parentage Order. The order means that the Intended Parents become the child’s parents and the Birth Parents stop being the child’s parents.

For most people, the option of surrogacy comes at the end of what is a very long journey of trying unsuccessfully to conceive and hitting brick wall after brick wall. To find that precious person who is willing, out of the goodness of their heart, to provide such a special gift of being a surrogate is an amazing thing. Not to mention the surrogate’s partner and family, all on board to support her in this altruistic act.

The lawyers involved should work together to make sure that their clients are protected, but also work in a way that creates and nurtures an atmosphere of trust and co-operation. After all, many of the steps in the surrogacy process are not enforceable. Without these elements, the goal may be out of reach.

If you are considering surrogacy as an option, contact Daykin Family Law today for a reduced fixed fee initial consultation to discuss the process and how we can help you. We have surrogacy matters in three States and can assist even if you are from outside of Queensland. We offer phone and Skype consultations to suit your schedule.

ABC News story: Surrogacy & the NT

I was interviewed recently by ABC News about the work I am currently doing for Surrogacy Australia, as part of their Legal Committee, in drafting a Surrogacy Bill for the Northern Territory.

Click here to view the article up on today’s ABC News website: http://www.abc.net.au/news/2015-05-06/proposed-surrogacy-changes-would-make-paying-for-babies-illegal/6447464

Surrogacy Australia is a not-for-profit consumer association supporting research and advocacy in the field of surrogacy.  The organisation is dedicated to progressing the rights, social and legal status of Australians using surrogacy overseas and within Australia.

As it stands, there is no legislation currently in place in the Northern Territory regulating surrogacy, unlike every other State and Territory in Australia.  Whilst it may be seen as fertile ground for surrogates and intended parents to connect, given there are no prohibitions on advertising in the NT like other parts of Australia, it is difficult for people to access treatment for surrogacy in the NT.  Also, there is no legal mechanism there allowing for intended parents to obtain parentage orders after the baby is born, altering the birth certificate.

Surrogacy Australia advocates for the “moderate regulation” framework for surrogacy legislation currently followed by Queensland, NWS, the ACT, Tasmania and South Australia.  This involves a mandatory written agreement, counselling and legal advice for all involved and the availbility of parentage orders after the child is born.

The draft Bill will be sent to the Northern Territory this week.  Updates to follow once a response is received.