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Surrogacy Legislation: Transforming Parenthood in Australia

  Australian Government in Canberra

The Australian Capital Territory (ACT) Government has taken a significant step in fostering parenthood accessibility for those grappling with fertility challenges by introducing the Parentage (Surrogacy) Amendment Bill 2023. This innovative legislation, championed by Minister for Human Rights Tara Cheyne, is designed to provide not only greater clarity and protection of human rights for children born through surrogacy arrangements but also to establish a strong framework for surrogacy agreements. With these changes, the bill promises to offer aspiring parents, surrogates, and children involved in surrogacy arrangements the assurance they deserve.  

Clearer Rules, Greater Protection

Minister Tara Cheyne explains that the legislation will introduce essential safeguards and guidelines for surrogacy agreements. These measures include the mandatory provision of legal advice, counseling, a written agreement before conception, and the implementation of specific age criteria for surrogates. The proposed changes will also respect the pregnancy and birth rights of surrogates, ensuring their well-being throughout the process. Minister Cheyne emphasized the significance of these reforms, stating, "Importantly, these changes will provide clarity and certainty as well as ensure adequate protection of the human rights of children born of surrogacy, surrogates, and intended parents."  

Expanding Parenting Opportunities

The Parentage (Surrogacy) Amendment Bill 2023 encompasses several key objectives aimed at making surrogacy arrangements more accessible and accommodating:   Alignment with Australian Jurisdictions The legislation seeks to better align the ACT's surrogacy laws with those in other Australian jurisdictions, promoting a more cohesive legal landscape for surrogacy across the country.   Improved Access to Altruistic Surrogacy One of the core goals of the bill is to improve access to altruistic surrogacy in the ACT, providing more options for those who require this method to start a family.   Strengthened Requirements The legislation aims to strengthen requirements for altruistic surrogacy arrangements in the ACT, ensuring that all parties involved have a clear understanding of their rights and responsibilities.   Structured Framework In addition to these objectives, the bill establishes a structured framework for surrogacy arrangements, offering more certainty to all parties involved in the process.  

Embracing Diversity in Surrogacy

One of the most notable changes introduced by the bill is the removal of the requirement that at least one intended parent be a genetic parent of the child. This alteration opens the door for traditional surrogacy, where the surrogate is the genetic parent of the child. This change provides much-needed flexibility for couples where both parties may experience infertility. Furthermore, the Parentage (Surrogacy) Amendment Bill 2023 eliminates current legislative barriers for single individuals seeking access to surrogacy arrangements. This inclusive approach broadens the scope of individuals who can benefit from surrogacy as a path to parenthood.  

Ensuring Child Welfare

The bill's focus on protecting the rights of children born through surrogacy is underscored by the requirement that surrogates must be at least 25 years old, or over 18 if a counselor determines they possess sufficient maturity and understanding. Additionally, the legislation removes restrictions on advertising and procuring altruistic surrogacy arrangements. This change simplifies the process for intended parents to connect with potential surrogates, thereby making surrogacy more accessible.  

A Balanced Approach

While the Parentage (Surrogacy) Amendment Bill 2023 facilitates many positive changes, it remains steadfast in its stance against commercial surrogacy, which is illegal. However, the bill does allow the Supreme Court to grant parentage orders for children born through commercial surrogacy under special circumstances, ensuring the child's rights are protected and that children in the ACT are not disadvantaged due to the circumstances of their birth. The ACT Government's commitment to making surrogacy more accessible and safe is exemplified by the Parentage (Surrogacy) Amendment Bill 2023, as it strives to provide hope and clarity to those who aspire to become parents while protecting the rights and welfare of all parties involved.   Sources: THX News & Australian Government. Read the full article