Traditional surrogacy v. gestational surrogacy

Traditional surrogacy v. gestational surrogacy

Traditional surrogacy

Traditional surrogacy is the method performed since time immemorial- where the surrogate’s egg is fertilised, and carried in her to pregnancy and birth.

Gestational surrogacy

This is considerably different and uses the wonders of IVF. The fertilised egg in the surrogate is not hers. It is either the egg of the intended mother or the egg of an anonymous egg donor.

The usual method practised by clinics in Australia and overseas is that of gestational surrogacy. Most clinics will not handle traditional surrogacies.

Some clinics in Australia and overseas do not engage in egg donations, others do. One client reported to me, for example, that she was considered too old by the clinic in Australia. She then approached Indian surrogacy clinics who demonstrated to her that none of the clinics there that she enquired with  undertook egg donation.  Instead, she went to California where there was not the same difficulty with age, and  the clinic was familiar with donor eggs.

WARNING: It is an offence for residents of Queensland and  the ACT to undertake surrogacy with overseas commercial surrogacy clinics.

WARNING: Anyone considering an egg donation at an overseas clinic ought to obtain specific, qualified legal advice as to whether the child will be an Australian citizen by descent (or the child will not be a citizen and will not be allowed to migrate to or remain in Australia).

Things to Read, Watch & Listen

Why You Need a Binding Contract in Surrogacy Matters

In this video, Award Winning Surrogacy Lawyer, Stephen Page discusses the importance of a binding contract in surrogacy matters.

The Need for Regulation of IVF & Surrogacy Clinics

In this video, Award Winning Surrogacy Lawyer, Stephen Page discusses the Need for Regulation of IVF & Surrogacy Clinics

International Embryo Disputes. Important Things to Know

Embryo disputes can be complex and challenging, especially when they cross international borders. Understanding the legal implications in different jurisdictions is crucial for anyone navigating these sensitive situations.

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