Surrogacy in Australia

In most of Australia, surrogate arrangements have to be privately arranged and involve no fee or payment, although in some cases, medical expenses are allowed. Surrogacy arrangements are not contracts. It is not possible to enter into a binding surrogacy agreement anywhere in Australia, or to enforce an agreement that has broken down. Any dispute about the child will be determined by the child's best interests and not by the terms of any agreement.

Finding an ultruistic surrogate in Australia is almost impossible - the lucky ones may have a close relative prepared to carry their baby but the majority of would-be parents aren't that lucky.

So what do desperate couples longing for a baby have to do to get one? They go overseas to places like Thailand where it's legal. But now these dreams have been dashed because the NSW government has just announced a $110,000 fine, 2 years in jail or both on their return. Why? To prevent the exploitation of poor foreign women.

Australian solicitor Joe Lynch divides his practice between Sydney and Bangkok where commercial surrogacy is reportedly as much about the Buddhist ideal of "making merit" - the karma that comes from doing good for another person - as it is about making money. He says the new laws will significantly impact on women who have had cancer or other medical conditions that make it impossible for them to give birth. But he added that the law would be difficult to police. "What's to stop someone from saying I had sex with a woman while overseas? It will enforce genuine couples to engage in victimless crime".

If you are intereted in becoming a surrogate yourself, surrogate sisters is a good place to start.

http://www.surrogacy-sisters.com/