I’m a surrogacy lawyer, not a doctor!

I’m a surrogacy lawyer, not a doctor!

A few years ago I knew little of the medical jargon concerning IVF. As I began to see more and more clients who could not have children, I heard more and more, and became familiar with more and more medical terms, such as polycystic ovary syndrome, for example.

It is good to be aware of these things, when handling surrogacy and egg donation. The reason might surprise you. When new clients come to me to talk about surrogacy or egg donation, often their thoughts turn to surrogacy. Surrogacy of course is the topic apparently on everyone’s lips. There are many websites and some support groups for those facing the surrogacy journey. By comparison there is relatively little about egg donation.

I mention this because some clients are adamant that they should be proceeding with surrogacy, but on careful investigation, it seems that they do not need involvement of a surrogate and all that goes with that, but all they need is egg donation. Often when I discuss these issues, I help raise my clients’ awareness of the issues involved. I invite them to talk with their medical specialists so that they can understand the difference between egg donation, and surrogacy with egg donation.

New clients also want to know how long surrogacy might take. My answer is simple: wherever it happens in the world, typically surrogacy will take somewhere in the range of 18-24 months. Natural processes largely govern how long it takes to make a baby. When they pick up their jaws and realise that they cannot have a baby now, my clients want to know why it cannot be shorter than 18 months. My answer is that it comes down to basic numbers: 9 months for a pregnancy and another 6 months for sexual transmitted infection controls (STI). 15 months just with those two steps- assuming that everything else is sorted in record time and that the surrogate is pregnant on the first cycle.

But I then get asked why is HIV testing necessary? I would have thought the answer was obvious.

I then get asked- but why 6 months? My answer is also simple: this is the standard time allowed for by doctors. If you don’t like it- ask the doctor concerned. This is a medical question, not a legal question. As I point out to my clients, I am a surrogacy lawyer, not a doctor!

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Things to Read, Watch & Listen

Human Rights & Surrogacy: Protecting Parents, Children & Surrogates

Surrogacy is as much a human-rights issue as it is a family-law matter. Courts around the world are grappling with competing rights: the right to procreate and access assisted reproductive treatment, the child’s right to identity, and the surrogate’s right to bodily autonomy and fair treatment. These tensions shape how laws and court decisions treat… Read More »Human Rights & Surrogacy: Protecting Parents, Children & Surrogates

How I Became a Fertility and Surrogacy Lawyer

A legal career that began in mainstream family law evolved into one of Australia’s most specialist practices in fertility, surrogacy and assisted reproductive technology. Over almost four decades, Stephen Page has handled thousands of complex matters, influenced law reform, advised clinics, taught ethics and regulation, and championed the human rights of everyone affected by assisted… Read More »How I Became a Fertility and Surrogacy Lawyer

Lessons From My Own Surrogacy Journey

Stephen Page’s story is a frank, sometimes brutal, ultimately hopeful account of what it means to pursue parenthood when the path is anything but straightforward. From a childhood conviction to be a dad, to confronting infertility, miscarriage, an ectopic pregnancy and the legal uncertainty around parentage, his journey illustrates the medical, emotional and legal hurdles… Read More »Lessons From My Own Surrogacy 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