Planning International Surrogacy? This ONE Legal Mistake Could Devastate Your Family’s Future!

I’m Stephen Page from Page Provan Family & Fertility Lawyers. After advising on over 2,000 surrogacy journeys since 1988 and being a parent through surrogacy myself, I want to share a crucial warning: before you book a flight or sign any overseas surrogacy paperwork, get the legal foundations right. What looks like a straightforward, friendly surrogacy arrangement in a brochure can hide a legal reality that leaves your child with “limping parentage” — incomplete or insecure legal recognition of who their parents are.

Why most people underestimate the legal risks of international surrogacy

Many intended parents begin their surrogacy journey with the marketing materials from clinics or agencies abroad. Those brochures are designed to reassure and sell a service: beautiful facilities, experienced doctors, reasonable pricing. What the marketing rarely highlights — and what can actually determine your child’s legal future — is how the local law records parentage on the birth certificate, and whether that local recognition will be accepted back home.

At the heart of the matter is a deceptively simple question: who will be legally recognised as the parents on the birth certificate issued by the country where your child is born? If the answer does not include both intended parents (or the appropriate intended parent in single parent cases), you face multiple downstream risks — difficulties obtaining citizenship, travel, parental rights in your home country, and, in the worst cases, criminal or regulatory consequences for the adults involved.

What is “limping parentage”?

“Limping parentage” is the term I use for situations where a child’s parentage is only partially recognised — for example, when the biological father is listed on the overseas birth certificate but the intended mother is not, or when the surrogate is listed as the birth mother. The result is a child with an unstable legal identity: one parent fully recognised, another absent from the documentation, or a surrogate who retains legal recognition despite intentions to transfer parentage.

“The biological father goes on the birth certificate, the surrogate goes on the birth certificate. And who did not go on the birth certificate? The intended mother.” — Stephen Page

That quote captures the severity of the problem: a document that should confirm your child’s legal family instead creates ambiguity, obstacles, and, sometimes, emotional trauma for the family.

Real-world examples: Chile, North Cyprus and a Queensland case

Let me give you concrete examples to show how this plays out.

Chile

On paper, certain clinics in Chile advertise surrogacy services and a supportive medical experience. But read the fine print about parentage: in some jurisdictions, the biological father is listed on the birth certificate and the surrogate is recorded as the birth mother. If you are a single man, that may leave the child with a non-recognised second parent. If you are a single woman, the problem can be worse. If you are a heterosexual couple, one parent may be excluded. In short, what the marketing promises and what the law produces are often different things.

North Cyprus and the Lloyd & Compton case

North Cyprus is another example where the law may record the biological father and the surrogate on the birth certificate, leaving the intended mother off the document. A Queensland couple — referred to in public material as Lloyd and Compton — faced this issue after a North Cyprus surrogacy. Their plan to fix the legal gap involved steps that brought unforeseen consequences.

Instead of ensuring the right legal pathway from the start, they relied on a lawyer who recommended first obtaining leave to adopt and then seeking a stepparent adoption to secure recognition for the intended mother. That route triggered referrals for prosecution on the basis of commercial surrogacy and prompted a referral to the New South Wales Legal Services Commission. It’s a stark reminder that incorrect legal advice, or attempting to “fix” the paperwork after the birth without understanding all legal ramifications, can escalate issues rather than resolve them.

Marketing promises vs legal reality: what to watch for

Clinic and agency marketing will emphasise success rates, medical competence, and client testimonials. They will rarely provide a transparent, authoritative explanation of how the local law treats parentage and whether that will be recognised in your home jurisdiction. These are the critical elements you must verify independently:

• Birth certificate practice: Who is recorded on the birth certificate in that country (biological parents, surrogate, or intended parents)?
• Recognition in your home country: Will your home country accept that overseas parentage or will you need additional domestic legal steps (adoption, parentage orders, etc.)?
• Criminal or regulatory risks: Does the law in the country of birth treat surrogacy as commercial or illegal activity? Could participants face prosecution or regulatory sanctions?
• Clinic or agency assurances: Are written guarantees about parentage backed by local law or merely by practice and paperwork?
• Pathways to parental recognition: If the intended parents are not on the birth certificate, is there a clear, legal, and safe pathway back home to secure parentage?

Get legal advice first: the foundation analogy

Think of your surrogacy journey as building a house. If you start building without a proper foundation, everything you add afterwards is at risk of collapse. I often cite the Tower of Pisa as a vivid example — the structure leans because its foundations were inadequate. With surrogacy, the “foundation” is the legal recognition of parentage. If you get that wrong at the outset, no amount of courtroom applications, adoption attempts, or international travel will permanently fix the problem without cost, delay, and stress.

So my firm advice: stop when you find an overseas option that looks attractive and get specialist legal advice in your home country first. If there is any doubt about how parentage will be recognised overseas, check with a trusted local lawyer and, if needed, speak with a lawyer in the country where you plan to pursue surrogacy. Don’t rely on clinic staff, testimonials, or non-specialist advisors for this.

Practical checklist for intended parents considering international surrogacy

To help you prepare, here is a practical checklist I use with clients:

1. Identify who will be recorded on the birth certificate in the country of birth.
2. Confirm whether the surrogate will be listed as the birth mother and if so, what legal steps remove her parentage.
3. Check whether both intended parents can be recognised under local law prior to or at birth.
4. Determine the recognition route in your home country: direct recognition, adoption, parentage order, or other processes.
5. Assess criminal/regulatory exposure for commercial surrogacy in the country of birth and at home.
6. Obtain written legal opinion(s) from a family/fertility lawyer in your home country and, if necessary, from a lawyer in the country of birth.
7. Ensure all agreements, consent forms and contracts are reviewed by lawyers in both jurisdictions.
8. Plan for contingency: travel documents, temporary guardianship, emergency return if the child’s legal status is contested.
9. Understand the costs, timelines and emotional impact of any required legal processes upon return.

Common legal paths and their pitfalls

Different countries offer different legal mechanisms to secure parentage. Common pathways include:

• Parentage orders / pre-birth orders: In some jurisdictions, you can obtain a court order recognising intended parents prior to or immediately after birth. These are ideal where available and accepted in your home jurisdiction.
• Local recognitions: Some countries allow intended parents to appear on the local birth certificate. You must ensure your home country will accept that document as proof of parentage.
• Adoption or step-parent adoption: Intended parents sometimes use domestic adoption after returning home to secure legal parentage. This can be lengthy, stressful, and may not be straightforward if the local birth certificate shows the surrogate or another person as a parent.
• Birth registration anomalies: Where the intended parents are not recorded, it can be extremely complex to correct the child’s record later. That’s why foreknowledge is essential.

Each path carries legal and practical pitfalls. For example, attempting to adopt a child born overseas where surrogacy arrangements are treated as commercial may expose parents or their lawyers to criminal investigation, as occurred in the Queensland example I mentioned. Always check the legality of the steps you’re planning and the potential for unintended consequences.

My experience and resources

Since 1988 I have advised on more than 2,000 surrogacy journeys and have written extensively to help intended parents navigate these challenges. One of my books, When, Not If: Surrogacy for Australians, along with other resources I’ve authored, outlines the legal landscape, case studies and practical steps for Australians considering domestic or international surrogacy.

I emphasise this not to alarm you but to help you take control of the process. Surrogacy can be a joyful route to parenthood, but it is also an area where legal formality matters profoundly. The emotional stakes are high, and a single legal mistake early on can cause years of difficulty.

Final thoughts — plan, verify, and protect

If you are planning international surrogacy, do this before you make any medical bookings or sign agreements overseas:

• Stop and get specialist legal advice in your home jurisdiction.
• Verify who will legally be the parents on the foreign birth certificate.
• Obtain written legal opinions from lawyers in both jurisdictions if necessary.
• Plan contingencies and make sure travel and documentation arrangements account for possible complications.

Getting the legal foundations right is the best gift you can give your child. With the right preparation and specialist advice, you can build the family you envisage without the leaning tower of legal uncertainty. If you need help understanding the legal map for international surrogacy or want to discuss a specific situation, seek an experienced family and fertility lawyer early — it’s the most important step in protecting your family’s future.

I’m Stephen Page from Page Provan Family & Fertility Lawyers. Get the foundations right — and then build your future with confidence.