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).

Things to Read, Watch & Listen

Surrogacy and Medicare: Why the Outdated Exclusion Needs to Go

In this episode of the Australian Family and Fertility Law Podcast, Stephen Page dives into a long-overdue issue: the exclusion of surrogacy from Medicare funding in Australia.

Importing Sperm into Australia. Where Does it Come From?

In this eye-opening video, Stephen Page breaks down the surprising reality behind sperm donation in Australia — and why we rely so heavily on imports.

Importing Eggs into Australia. Where Do They Come From?

In this video, Page Provan Director, Stephen Page, dives into the egg-sport reality of Australia’s fertility landscape. With a shortage of local egg donors, many Aussie hopefuls are turning overseas to make their dreams of parenthood a reality.

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International Academy of Family Lawyers - IAFL
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