HOORAY! They are coming home

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!

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

Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

On 9 October 2026, our director Stephen Page wrote to the Attorney-General, the Hon Michelle Rowland MP, calling for the repeal of Part 3 of the Family Law Amendment (2026 Measures No. 1) Regulations 2026. If left in place, these regulations will remove the statutory presumptions that currently help establish the legal parentage of children… Read More »Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

A change to Australia’s family law regulations threatens to remove an important layer of legal certainty for nearly 3,000 children born overseas through surrogacy. For their families, the issue is anything but technical. It concerns whether Australian law presumes that the people raising these children are their parents. The repeal of regulation 10.3 of the… Read More »Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

Infertility Week: 4 things that can stop surrogacy

Infertility can eat away at a person’s sense of hope. It can make ordinary moments painful: a pregnancy announcement, a family gathering, or the seemingly endless appearance of babies everywhere. For someone longing to become a parent, the question can become deeply personal: why does parenthood seem possible for everyone else? Infertility awareness is not… Read More »Infertility Week: 4 things that can stop surrogacy

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