HOORAY! They are coming home

When Australia changed its rules just over a week ago so that the only people who could come here were Australian citizens, residents and their dependents, it was unknown how it might affect children born through overseas surrogacy. In the past, when children were born in the US or Canada via surrogacy, typically they would… Read More »Custom Single Post Header

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Mediator Standards Board

HOORAY! They are coming home

When Australia changed its rules just over a week ago so that the only people who could come here were Australian citizens, residents and their dependents, it was unknown how it might affect children born through overseas surrogacy.

In the past, when children were born in the US or Canada via surrogacy, typically they would come back here using their US or Canadian passport and an Australian electronic travel authority. When they got back here, they would then apply for and obtain Australian citizenship. At the time of the children’s arrival in Australia, they were not recognised by the Australian government as the children of the Australian intended parents.

These children would need to obtain an Australian visa in order to be able to travel here. The alternative is that they would need to obtain Australian citizenship first before coming home- a process that recently takes 2 to 4 months for most.

Clients of mine found themselves stuck in the US. Their daughter was born- but they were unable to leave the US unless they obtained the visa or citizenship (and a passport) for her. Last week I made representations to their federal MP. His office helped.

This morning I received joyful news from my clients. They had their visa! They and their daughter will be back Saturday. HOORAY!

With the changes, instead of it being a 10 to 15 minute online process, intended parents in effect have to achieve the bureaucratic equivalent of climbing Everest. They have done so!

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART