Government: wait and see about surrogacy recommendations

Government: wait and see about surrogacy recommendations

The Abbott government’s position with the Family Law Council paper is: we’re thinking about it.

At Christmas last year, the Family Law Council, a statutory body full of family lawyers, judges and counsellors, provided a report to the government about how the Family Law Act fits with State Status of Children legislation, and other related legislation, such as State surrogacy legislation.

The report was released by Attorney-General George Brandis in August this year, in the midst of the Baby Gammy saga, but the release occurred only following a freedom of information request. In the report, the Council recommended that there be a Commonwealth status of children act, so that there was consistency about when children would be recognised following a surrogacy arrangement. The report also said that commercial surrogacy was problematic, but recommended that there be an inquiry about whether or not Australia should have commercial surrogacy, a call echoed by Chief Federal Circuit Court Judge Pascoe.

The council also recommended that when intended parents go overseas and bring their babies back to Australia, they should go to the family law courts and obtain an order before citizenship is given to the child. this, so the theory goes, will mean that there is a checking mechanism to ensure that children are protected. At the moment very, very few intended parents go to court to seek parenting orders.

Recently I met the family law advisor of Senator Brandis, Dr Susan Cochrane. The Government’s position about the report and its recommendation is not known – other than the formal position, which is ” the Government is considering the report and its recommendations”. The Prime Minister has said several times during the Baby Gammy saga that the issue of surrogacy is a matter for the States, and that it was not a matter for the Commonwealth. Let’s see. 

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

How much does surrogacy really cost? A ballpark figure

Surrogacy is not simply a medical process. It is a legal, emotional, practical and financial journey. One of the first questions intended parents rightly ask is: how much is this going to cost? The honest answer is that it depends on where the journey takes place, whether an egg donor is needed, the legal requirements… Read More »How much does surrogacy really cost? A ballpark figure

How the family court decides parenting cases: the best interests test explained

When parents cannot agree about arrangements for their children, the central question for the Federal Circuit and Family Court of Australia is not what either parent wants. It is what arrangements are in the best interests of the child. This is the paramount consideration under the Family Law Act 1975. It applies whenever a judge… Read More »How the family court decides parenting cases: the best interests test explained

Surrogacy in Iran: a complex and risky journey

Surrogacy in Iran is not a mainstream pathway for Australians, and at present it carries obvious travel, legal and practical risks. Yet for a small group of Iranian-Australian families, it has been a pathway to parenthood that feels culturally familiar, has access to sophisticated IVF treatment, and can result in an Australian child returning home… Read More »Surrogacy in Iran: a complex and risky journey

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