New Surrogacy Bill in New South Wales

15.11.2010

The Surrogacy Bill 2010 – which will allow children born through altruistic surrogacy arrangements to have their intended parent/s legally recognised – has now passed through NSW Parliament.

The Bill makes parentage orders available to the intended parent/s, where an altruistic surrogacy agreement is in place.

LGBT rights lobby groups welcomed the news. “Providing for the legal recognition of children, regardless of their conception or family structure, is in their best interests,” says Gay and Lesbian Rights Lobby Co-Convenor Rathana Chea.

“This Bill provides a legislative framework to allow a consenting birth mother and her partner, if any, to transfer their parenting rights to the intending parent/s,” adds Co-Convenor Kellie McDonald.

The transfer of parentage scheme ensures that the intending parents are recognised as the legal parents of their child under federal and state law.

However, commercial surrogacy is expressly prohibited. Only some “reasonable expenses” may be remunerated to the surrogate mother and paid advertising seeking surrogates is not permitted.

“We commend the NSW Government for specifying what may be reimbursed as a ‘reasonable expense’ to prevent individuals from entering into an agreement which may constitute a criminal offence,” notes McDonald.

The GLRL is very concerned, however, that the Bill only makes provisions to recognise overseas altruistic surrogacy arrangements and imposes criminal sanctions for NSW residents who enter into commercial agreements overseas.

“While it is good that some overseas arrangements will be recognised, extraterritorial criminal sanctions and the inability to register transfers of parentage issued by foreign jurisdictions in commercial surrogacy agreements, undermines the best interests of children living in NSW conceived through those means,” says Chea.

http://www.samesame.com