Surrogacy is increasingly becoming an option for people seeking to have children. However, it is still a contentious issue when it comes to determining the parentage of a child. The laws in Australia that govern surrogacy are not clear and you might benefit from having a family lawyer to navigate through the process. This will ensure that your rights are protected so that you do not end up drained both emotionally and financially.
What the Law Says
The first step in the surrogacy process is to examine the legal provisions that exist. You need to know that whatever you are engaging in is lawful. Since the wording of the law can be difficult to interpret as a lay man, a family lawyer would come in handy to help you understand what the law says. The common law in the country is that the mother and her partner are the parents of a child born to them. However, this is tricky when surrogacy is involved. There is the Surrogacy Act of 2010 which allows for the parties in a surrogacy agreement to receive special treatment.
This order is given to the parents of a child born to a surrogate mother. In order for the order to be granted, the application should be made within 30 days of birth. Upon its being granted, the new parents now have full parenting rights over the child and their names can appear on the birth certificate. However, there are some conditions that need to be met before the order can be granted. For instance, the surrogacy must be altruistic. This means that there was no profit for the birth mother and the only funding she received went to meeting birth and medical costs. The birth mother should also be aged at least 25 years and should have given informed consent on surrogacy before conceiving.
In case you intend to adopt a child from outside Australia, the process might be tricky if handled without the advice of a lawyer. Due to the strict requirements on informed consent and legal counseling for the birth mother, the Australian authorities may refuse to grant a parentage order. This is especially the case if the authorities are not convinced that the surrogacy was altruistic and that the birth mother gave informed consent. In this case, you need an experienced family lawyer who can help you maneuver the legal field. A lawyer is your best option for having the child you have wanted for a long time.
For more information, contact a law practice like Marino Law.