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… Read More »Custom Single Post Header

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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 in India

In this video, Accredited Family Law Specialist and Page Provan Director Stephen Page discusses surrogacy in India.

Submission to Inquiry Into Matters Relating to Donor Conception Information

On 24 February 2022, the Legislative Assembly agreed that the Legal Affairs and Community Safety Committee inquire into and report on the rights of donor-conceived persons to access genetic information about their donors.

Quick overview of Canadian surrogacy laws

I was delighted when Canadian surrogacy lawyer (and mum through surrogacy) Cindy Wasser from Hope Springs Fertility Law recently sent through to mutual clients her quick guide to surrogacy law in Canada.