A quick guide to Australians going overseas for surrogacy and egg donation

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… Read More »Custom Single Post Header

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A quick guide to Australians going overseas for surrogacy and egg donation

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
COLOUR
RULES
State
City
ACT
Canberra
Overseas surrogacy must be altruistic according to ACT law or otherwise illegal.

 

 

 

New South Wales
Byron Bay
Sydney
Overseas surrogacy must be altruistic according to New South Wales law or otherwise illegal.
Northern Territory
Darwin
No restrictions.
Queensland
Brisbane
Cairns
Gold Coast
Sunshine Coast
Overseas surrogacy must be altruistic according to Queensland law or otherwise illegal.
South Australia [1] [2]
Adelaide
Overseas commercial surrogacy (as per South Australian law) may be illegal.
Tasmania
Hobart
Launceston
No restrictions.
Victoria
Melbourne
No restrictions.
Western Australia 2
Perth
Overseas commercial surrogacy (as per Western Australian law) may be illegal.

 

 

Australian International Egg Donor Criminal Laws
WHERE
COLOUR
MAXIMUM PENALTY FOR OVERSEAS
State
City
Human tissue supply
Commercial payment to donor
Australian Capital Territory
Canberra
A$8,000
15 years imprisonment
New South Wales
Byron Bay
Sydney
6 months imprisonment
15 years imprisonment
Northern Territory
Darwin
2 years imprisonment
___
Queensland
Brisbane
Cairns
Gold Coast
Sunshine Coast
6 months imprisonment
15 years imprisonment
South Australia
Adelaide
A$20,000
15 years imprisonment
Tasmania
Hobart
Launceston
___
___
Victoria
Melbourne
___
___
Western Australia
Perth
A$1,000
10 years imprisonment

 


[1]South Australian law is soon to change with the Surrogacy Act 2019 (SA) soon to take effect. This box takes into account both current and soon to be law in SA.
[2]South Australian and Western Australian law long arm laws can make overseas surrogacy illegal.  Great care is required before signing.
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