Surrogacy & Parentage Law

The Surrogacy Act (NSW) came into effect on 1 March 2011 and provides a mechanism for the Supreme Court of New South Wales to transfer the full legal parentage of children from the birth parents to the prospective parents, including same sex couples, under an altruistic parentage agreement.

Parentage orders provide intending parents with an alternative to adoption in a simpler and less time consuming fashion.

Under the Status of Children Act 1996, a child's legal parents are its "birth parents" meaning a woman giving birth to a child and her husband or de facto spouse irrespective of who donated the sperm or ovum having a role in the conception of the child.

Before March 2011, persons becoming parents by virtue of a Surrogacy agreement and raising the child faced ongoing legal problems in practical matters such as obtaining a passport for the child or enrolling a child in school as their legal standing lacked proper definition and there was no means of remedying this predicament.

There are specific requirements and time limitations attached to successfully seeking parentage orders.

It is important for those seeking to enter into surrogacy arrangements either in Australia or overseas to seek accurate legal advice before embarking upon this course - legal advice which Smith Reid Attorneys is able to make available to its clients in a timely and efficient manner.

Contact us on 9517 1988 or fill in the form below and transmit.