Traditional surrogacy v. gestational surrogacy

Traditional surrogacy v. gestational surrogacy

Traditional surrogacy

Traditional surrogacy is the method performed since time immemorial- where the surrogate’s egg is fertilised, and carried in her to pregnancy and birth.

Gestational surrogacy

This is considerably different and uses the wonders of IVF. The fertilised egg in the surrogate is not hers. It is either the egg of the intended mother or the egg of an anonymous egg donor.

The usual method practised by clinics in Australia and overseas is that of gestational surrogacy. Most clinics will not handle traditional surrogacies.

Some clinics in Australia and overseas do not engage in egg donations, others do. One client reported to me, for example, that she was considered too old by the clinic in Australia. She then approached Indian surrogacy clinics who demonstrated to her that none of the clinics there that she enquired with  undertook egg donation.  Instead, she went to California where there was not the same difficulty with age, and  the clinic was familiar with donor eggs.

WARNING: It is an offence for residents of Queensland and  the ACT to undertake surrogacy with overseas commercial surrogacy clinics.

WARNING: Anyone considering an egg donation at an overseas clinic ought to obtain specific, qualified legal advice as to whether the child will be an Australian citizen by descent (or the child will not be a citizen and will not be allowed to migrate to or remain in Australia).

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 Are Debts Divided in Divorce? Australian Property Settlement Explained

When people separate, one of the most common questions is also one of the most misunderstood: what happens to the debts? Many people assume there must be a simple rule. Half each. Joint debts are shared. Personal debts stay personal. In Australian family law, it is not that straightforward. In a property settlement, debts are… Read More »How Are Debts Divided in Divorce? Australian Property Settlement Explained

Hague Surrogacy Convention Paused After 15 Years — What Went Wrong

After 15 years of work, the Hague Conference on Private International Law has paused its long-running project to create an international convention dealing with surrogacy and legal parentage. That is a significant development for anyone involved in cross-border surrogacy, assisted reproductive treatment, and international family law. The pause matters because international surrogacy does not stop… Read More »Hague Surrogacy Convention Paused After 15 Years — What Went Wrong

One Sperm Donor, 550 Children: Why Australia Needs Urgent Regulation

Private sperm donation is often marketed as simple, accessible and modern. In reality, it can create legal, ethical and deeply human problems on a staggering scale. Two recent overseas stories show exactly what can happen when sperm donation is left largely unchecked. In one case, a mother believed her child was the only child conceived… Read More »One Sperm Donor, 550 Children: Why Australia Needs Urgent Regulation

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