A quick guide to Australians going overseas for surrogacy and egg donation
Thursday, January 09, 2020
A quick guide to Australians going overseas for surrogacy and egg donation
Recently I was asked by an American colleague to put together a couple of quick guides, cheat sheets if you will, setting out the risks to Australians going overseas for surrogacy and egg donation – from Australian law.
I have set these out below. You will appreciate that they are not a comprehensive advice as to the law. Anyone contemplating undertaking overseas surrogacy or egg donation should get legal advice from an expert in this area – such as me – first.
Australian criminal law as to international surrogacy
Warning: This New South Wales law applies to everyperson wherever they live in the world, e.g. New York, London, Melbourne, if they are domiciled in New South Wales.
WHERE
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COLOUR
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RULES
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State
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City
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ACT
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Canberra
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Overseas surrogacy must be altruistic according to ACT law or otherwise illegal.
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New South Wales
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Byron Bay
Sydney
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Overseas surrogacy must be altruistic according to New South Wales law or otherwise illegal.
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Northern Territory
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Darwin
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No restrictions.
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Queensland
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Brisbane
Cairns
Gold Coast
Sunshine Coast
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Overseas surrogacy must be altruistic according to Queensland law or otherwise illegal.
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Adelaide
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Overseas commercial surrogacy (as per South Australian law) may be illegal.
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Tasmania
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Hobart
Launceston
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No restrictions.
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Victoria
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Melbourne
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No restrictions.
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Western Australia 2
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Perth
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Overseas commercial surrogacy (as per Western Australian law) may be illegal.
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Australian International Egg Donor Criminal Laws
WHERE
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COLOUR
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MAXIMUM PENALTY FOR OVERSEAS
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State
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City
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Human tissue supply
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Commercial payment to donor
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Australian Capital Territory
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Canberra
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A$8,000
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15 years imprisonment
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New South Wales
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Byron Bay
Sydney
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6 months imprisonment
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15 years imprisonment
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Northern Territory
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Darwin
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2 years imprisonment
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___
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Queensland
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Brisbane
Cairns
Gold Coast
Sunshine Coast
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6 months imprisonment
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15 years imprisonment
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South Australia
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Adelaide
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A$20,000
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15 years imprisonment
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Tasmania
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Hobart
Launceston
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|
___
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___
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Victoria
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Melbourne
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___
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Western Australia
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Perth
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A$1,000
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10 years imprisonment
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