I am/ we are intended parent(s) of surrogacy

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Intended Parent(s) of Surrogacy

We will support you with information you need to help you make right decisions.

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Why People Consider Surrogacy

There are a number of reasons why people may be considering surrogacy, including:
• A woman is unable to become pregnant or carry a baby for medical reasons, such as,
– she may have had surgery to remove her uterus (hysterectomy)
– is missing part of her uterus or the lining of her uterus has been damaged
– pregnancy may be a risk to her or the child’s health due to a medical condition (e.g. heart problems, cystic fibrosis)
– she may have experienced multiple miscarriages

• Repeated IVF attempts have failed.
• A same-sex couple (male or female) or individual who may want to have a child conceived using their own sperm or eggs and donor sperm or eggs.
• Where a couple has embryos in storage as part of an IVF treatment program, and the woman subsequently dies, the partner may wish to engage a surrogate to carry and give birth to a child.

Information

Surrogacy in Australia

In Australia, surrogacy arrangements must be altruistic. Surrogacy arrangements in Australia offer many benefits compared to those overseas, including that Australia has a high standard of regulated healthcare and legal protections which ensure the surrogate is known to the intended parents and the child.

Surrogacy in Australia also poses fewer legal challenges regarding immigration, citizenship, and recognition of parentage. Additionally, if donor gametes are required, there is an increased likelihood of the donor’s identity being available to the child. This can be beneficial for a range of reasons, including for the exchange of medical information later in life.

Two Types of Surrogacy Arrangements

1. Gestational Surrogacy

In gestational surrogacy the surrogate’s egg is not used in conception, so the surrogate (gestational carrier) has no genetic link to the baby and is not the biological mother.
The embryo transferred into the surrogate may be created using the intended parents’ sperm and egg, or donor embryos may be used.

2. Traditional Surrogacy

In traditional surrogacy an egg from the surrogate is used. Fertility treatment, either artificial insemination or IVF, is used with the intended father’s sperm.
In traditional surrogacy, the surrogate carries the pregnancy and gives birth to a child that they are genetically related to.

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Am I / Are We Eligible?

Intended parent(s) can be eligible to undertake a surrogacy arrangement if:

They are infertile or unable to carry a baby or give birth

There is a likely medical risk to the mother or baby if the intended mother attempted to become pregnant herself.

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Navigating a Surrogacy Arrangement

As with any successful relationship, it takes time to foster good communication, respect and trust between you and a surrogate. Given the complexity of surrogacy, ensure you take time to discuss potential issues and whether to proceed. A shared understanding of expectations and communication for the pregnancy, the birth plan, information exchange and any ongoing relationship with you and the child should be discussed.
A surrogacy agreement formalises this and helps all parties to clarify their wishes, expectations, and responsibilities.

The following factors can contribute to a positive surrogacy arrangement:

1. Health & Support

• Stable mental and physical health, a positive life situation, and a supportive partner

• Understand the medical process, success rates and timeframes

2. Communication & Boundaries

• Clear and open communication with clear boundaries and realistic expectations. This is particularly important if you have a pre-existing relationship with your surrogate (i.e. family member, friend)

• Agree on reasonable costs which will be reimbursed to the surrogate

• Agree on a pregnancy and birth plan that all parties are comfortable with. Keep in mind that the birth mother has the right to manage her own pregnancy regardless of the agreement

3. Trust & Commitment

• Trust your surrogate to do the right thing by herself, her body and your baby. Approach the relationship with genuineness, respect, openness, reliability and flexibility. Be supportive, build trust by keeping promises and show commitment (e.g. offer practical support, attend appointments, show interest in her health and wellbeing, listen).

4. Maintaining Realistic Expectations and Sharing Long Term Goals

• Maintain realistic expectations around emotional changes and reactions that may occur during the process. It is normal to feel anxiety, grief, guilt and disappointment. Be considerate of the potential strain a surrogate is putting on her personal relationships including her family by carrying your child

• Have common long-term goals about the rights and interests of the child and agreed openness about their conception and genetics

• Be open to ongoing contact and communication regarding the resultant child. Children often need and like to know their origins

Information

Rights and Responsibilities

Your surrogate is not the legal parent of any child born. There are legal processes that must be followed regarding your child’s birth certificate. The surrogate is not responsible for maintenance or any financial assistance towards your child. And your child does not have a legal claim on your surrogate’s estate.

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Talking to Your Child

Whether a child is born with the help of a surrogate in Australia or a surrogate internationally, research and anecdotal evidence shows that children of surrogacy and donor conception benefit from being told how they came to be in the world. Children are also often curious to know more about their surrogate and donor (if any).

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We’re Here to Support You

We understand the needs of same-sex couples, and are here to offer you the help and support you require. Many same-sex couples are part of our Facebook group, which we welcome you to join.

DISCLAIMER: We are a fully volunteer-run organisation. If you find any information on this website you believe is incorrect or needs updating, please let us know at hello@artfam.com.au.

Acknowledgement of Country

ARTFam & ASMBC acknowledge the Traditional Custodians of the land on which we live, work, and build our families. We pay our respects to the Elders past and present, and we honour the strength, knowledge, and enduring connection that Aboriginal and Torres Strait Islander peoples have to family, community, culture and Country.

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