An action packed week: surrogacy in three States in one week

An action packed week: surrogacy in three States in one week

In one 7 day period, from the Thursday the week before last to Thursday last week, I appeared in courts in three States about surrogacy matters. Great for Qantas, but by the end of it I wondered which way was up.

On the Thursday before last I appeared in the County Court of Victoria in Melbourne about a surrogacy matter.
Last Monday I appeared in the Childrens Court of Queensland in Brisbane about a surrogacy matter.
On last Thursday, the night after I presented to the Law Society of South Australia about surrogacy, I appeared before the Youth Court of South Australia about surrogacy. 
What was unusual about the Adelaide appearance is that in every other State and Territory I have a right of appearance due to my being admitted in Queensland, and having a current practising certificate (i.e. that I am fit to practise and have my professional indemnity insurance paid up. In my case the practising certificate is issued by the Queensland Law Society). This is because I am an Australian lawyer. 
South Australia is different. An interstate lawyer such as myself can appear in a South Australian court, but can only appear there (if not having an office in South Australia) if notice is given to the client prior to retainer as to professional indemnity issues.  In 2013 I decided, due to my surrogacy practice, to seek admission there. As a result I  have been admitted in South Australia since 2013. This enables me to sign off on South Australian recognised surrogacy agreements. 
Things to Read, Watch & Listen

Australia’s Surrogacy System is Broken — Here’s What Needs to Change

Surrogacy in Australia is at a critical crossroads. Families are increasingly forced to look overseas to start or grow their families, surrogates often find themselves without clear legal protections, and children born through surrogacy face a tangled web of legal uncertainty.

Surrogacy Nightmare: Aussie Couple Referred for Criminal Charges After Overseas Baby Journey

Surrogacy can be a beautiful path to parenthood, but it also comes with intricate legal challenges, especially when undertaken overseas. In a recent and cautionary case from Queensland, Australia, a couple’s journey to parenthood through commercial surrogacy in North Cyprus ended not with joy alone, but with legal turmoil and potential criminal charges.

NSW Surrogacy FAIL: What Lawyers Got Wrong and How to Avoid It

Surrogacy journeys should be joyous and smooth pathways to parenthood, but unfortunately, legal missteps can turn them into complex, frustrating ordeals.

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board