Australia Capital Territory

Parentage Act 2004

Overview of the Act. We recommend you read the Act in its entirety or get legal advice before proceeding with surrogacy in ACT

The guiding principles of this act is that the wellbeing and best interests of a child born through a surrogacy arrangement are paramount

Am I eligible for surrogacy?

An eligible couple is a man and a woman is unable to conceive or is able to conceive but is unlikely to carry the baby to term without significant risk to herself or the baby’s health. At least one of the IP’s must be a genetic parent. Both IP’s must be at least 18 years of age.

Can we do Gestational Surrogacy?

Yes, you can use either your egg, or that of a donor. At least one parent must be a genetic parent. Medicare does not cover the costs IVF in the case of gestational surrogacy; this means you will be required to pay the full medical fee associated with getting pregnant

Can we do Traditional Surrogacy?

No, the surrogate cannot be the genetic parent of the child, regardless of a surrogacy arrangement. Her partner may not be the sperm donor either, if one is needed.

What do we need to do to obtain a parentage order?

There are a few requirements you need to meet to be eligible for a parentage order – these must be done prior to entering an agreement…

Counselling

Both the surrogate and IP’s will need independent counselling

The counsellor who carries out the service must not be associated with –

  • the doctor who carried out the procedure that resulted in the birth of the relevant child; or
  • the IVF clinic where the procedure was carried out; or
  • another entity involved in carrying out the procedure.

 

Legal Advice

Nothing is mentioned about legal advice in the Act, however we strongly recommend you gain legal advice before entering into an agreement

Consent

Consent must be given freely by the surrogate before entering the arrangement. This means that there should be no coercion on the part of the IP’s.

Application of a parentage order

Must be made after 6 weeks of birth and before the child turns 6 months. If done outside this time you have to apply for special orders and this is at the court’s discretion

Can I advertise for a surrogate in the ACT?

No. Advertising in any form is strictly prohibited in the ACT.

Is commercial surrogacy illegal?

Yes, commercial surrogacy is illegal in the ACT. Commercial surrogacy is defined by payment or reward given to the surrogate excluding the surrogate’s expenses.