How I Became a Fertility and Surrogacy Lawyer

A legal career that began in mainstream family law evolved into one of Australia’s most specialist practices in fertility, surrogacy and assisted reproductive technology. Over almost four decades, Stephen Page has handled thousands of complex matters, influenced law reform, advised clinics, taught ethics and regulation, and championed the human rights of everyone affected by assisted reproduction. His work blends practical legal advice with deep empathy for intended parents, surrogates, donors and, above all, children.

From a single surrogacy case to a lifetime of specialisation

Stephen’s first surrogacy matter came in 1988. The case was traditional surrogacy and played out against a legal landscape that in some jurisdictions criminalised all forms of surrogacy. That early experience—working with a genetic mother who wanted to keep a child—revealed how starkly the law could affect real families and set the direction of his practice.

His work with lesbian clients in the early 1990s further expanded his focus. Many of those clients had experienced domestic violence or separation before forming new families. As laws and social norms changed, so did the questions: how to become recognised parents, how to make a baby safely and legally, and how to protect the rights of everyone involved.

Working across jurisdictional and international complexity

Australia’s regulation of assisted reproductive technology is fragmented. Different states and territories have distinct rules about parentage orders, recognition of overseas procedures, and whether intended parents must undertake IVF in a particular jurisdiction. Clinics operate across borders and clients travel internationally for services. That complexity creates real legal risks for intended parents, surrogates and children.

From the early days when internet research meant library visits, Stephen developed a practice advising where surrogacy could lawfully occur and how to protect parental status. Over time the work expanded to include cross-border arrangements, international law, and bespoke solutions where local legal advisers were not available.

Practice areas: the full spectrum of fertility law

The practice covers a wide range of fertility law topics, including:

• Surrogacy—traditional and gestational, domestic and international
• Donation—egg, sperm and embryo donation arrangements and importation
• Posthumous retrieval and use of genetic material
• Regulatory advice to IVF clinics and health services
• Parentage orders and recognition of legal parentage across jurisdictions

Advising IVF clinics on regulatory compliance has been a major part of the work. Australia’s patchwork of laws—often eight different regulatory frameworks for a population comparable to a large city—means clinics and lawyers must navigate overlapping responsibilities and differing eligibility rules for parentage recognition.

Human rights at the centre of reform and practice

Stephen’s advocacy emphasises that the child’s human rights must be central to surrogacy law. While the rights of surrogates and intended parents deserve protection, he argues that the most vulnerable person in the process is the child and that laws should rapidly and clearly recognise the legal parents.

Three consistent reform priorities have emerged from his advocacy:

1. Remove jurisdictional restrictions: Intended parents should not be compelled to have IVF in a particular state to obtain parentage recognition.
2. Legislate surrogate bodily autonomy: Surrogates must retain legal recognition of their bodily autonomy and birthing decisions, reflected clearly in statute and in written arrangements.
3. Include surrogate partners: The supporting partner of a surrogate is often overlooked but plays a crucial role; statutes and counselling processes should recognise and include them.

Practical reform wins include the introduction of human rights principles into South Australia’s surrogacy legislation and statutory acknowledgement in several states that surrogates retain autonomy during pregnancy and birth. Work continues in other jurisdictions where reforms are still needed.

International policy work and professional recognition

Stephen’s practice extends beyond Australia. He has engaged in international policy projects, including work on a proposed Hague convention for international surrogacy and long-standing membership of American Bar Association committees focused on assisted reproductive technology. He has written internationally and contributed to professional education on ART ethics and law.

Recognition for this work includes awards from legal and LGBTI organisations, academic teaching awards and prestigious society appointments. These honours reflect both the technical complexity of the field and the importance of sustained advocacy for vulnerable families.

Practical lessons for intended parents, surrogates and professionals

Experience across more than 2,100 surrogacy journeys generates practical insights that matter on the ground:

• Prioritise clear parentage: Prompt, legally sound recognition of the intended parents protects the child and reduces later disputes.
• Document autonomy: Written agreements should make clear the surrogate’s autonomy over her body and birthing choices; that clarity is empowering and protective.
• Include the surrogate’s partner: Counsel and legal recognition should involve the partner of the surrogate where relevant.
• Plan for jurisdictional differences: Different states and countries have different rules. Seek specialist legal advice early to avoid surprises.
• Respect human rights: Consider the rights of the child, surrogate, donor and intended parents at every step; balanced protections make better outcomes.

Why specialist legal advice matters

Assisted reproduction combines family law, health regulation, international law, ethics and deeply personal dynamics. Mistakes or oversights can leave children without clear legal parents, surrogates without appropriate protections or intended parents exposed to legal risk. Specialist advice reduces those risks and helps families proceed in an informed, supported way.

A lawyer who combines courtroom experience, regulatory work, international policy involvement and lived empathy for fertility journeys offers pragmatic pathways through a complex legal landscape. That combination is what has defined this specialised practice.

About Stephen Page

Stephen Page is recognised as one of Australia’s leading surrogacy and fertility lawyers. With nearly four decades of experience, more than 2,100 surrogacy matters advised, significant contributions to law reform, international policy work and published books on surrogacy law, he is widely regarded as a pre-eminent specialist in the field. He advises intended parents, surrogates, clinics and governments, always focused on protecting children’s rights, upholding surrogate autonomy and delivering practical legal solutions for complex family creation journeys.