In response to greater demand amid shifting societal norms and evolving family dynamics, Attwood Marshall Lawyers is excited to announce that its Family Law department has stepped up its focus on surrogacy law, offering specialised advice and supporting clients through the complexities of the surrogacy process with utmost compassion and understanding.
After several years building up specialist experience assisting clients with surrogacy agreements, Attwood Marshall Lawyers has formally established its surrogacy services as a dedicated practice area of its Family Law department.
With more individuals and couples delaying parenthood or facing fertility challenges, surrogacy has become a much more socially accepted solution than in previous generations. In addition, scientific advancements and a larger number of same-sex couples and single individuals seeking to have children have increased demand for these services.
Our lawyers provide birth mothers and intended parents with the support and legal advice they need to make informed decisions throughout the complex surrogacy process.
Each state and territory in Australia has its own laws governing surrogacy arrangements, and it’s important that individuals at the beginning stages of exploring their options understand the regulations and laws that apply to their circumstances.
We understand the profound emotional and legal significance of surrogacy, and we approach each matter with utmost compassion, integrity, and understanding.
Our surrogacy services
Led by Special Counsel Hayley Condon, our Family Law department is backed by a proficient team of driven family lawyers who are extremely passionate about helping families through some of their toughest times.
Emily Edmonds, Family Law Associate, has a keen interest and passion for this area of law.
“As a lawyer specialising in family law, the whole process of surrogacy fascinates me. I’m deeply intrigued by the science behind it and what modern technology has allowed us to achieve,” Emily said.
“Our venture into surrogacy services also excites me because of the stark contrast it presents to our usual work. While much of our practice involves families breaking down, surrogacy allows us to play a key role in the creation of families.”
“We’ll be here to assist our clients throughout their surrogacy journey, providing them with the necessary legal advice each step of the way,” Emily said.
“It’s immensely rewarding to be part of something so transformative.”
Surrogacy has strict criteria around who can qualify and how a surrogate can be found.
For example, commercial surrogacy – where the intended parents pay a surrogate an award on top of medical costs to carry their child – is illegal in Australia. In certain states, you are also unable to advertise that you are looking for a surrogate.
Once these initial hurdles are overcome there are several legal steps involved in the remainder of the process, whether clients are seeking traditional surrogacy – where the surrogate mother uses her eggs to conceive with the intended father’s sperm or an alternative donor – or gestational surrogacy – involving an embryo being transferred to the uterus of the surrogate.
Attwood Marshall Lawyers can advise either the birth mother or the intended parent/s, and can assist with the drafting of the surrogacy agreement, which outlines the duties of all parties involved, as well as applications to the court after the child is born, when parentage is transferred from the birth mother to the intended parents.
There are several important points in a surrogacy agreement that our specialist family lawyers will make sure the parties understand, including:
- Any specific requirements or restrictions for both parties,
- The rights, obligations and responsibilities of all parties, including terms such as the commitment for the surrogate mother to carry to term, the financial aspects of the arrangement, and any medical obligations,
- Plans for medical treatment, including contingency arrangements for potential complications,
- Consent for the surrogacy process and terms around confidentiality and the handling of sensitive information, and
- Issues around custody, guardianship and the legal process to establish parentage after birth.
In Australia, both parties to a surrogacy arrangement need to obtain independent legal advice before entering an agreement. It is important that all parties are completely aware of and understand their role in the surrogacy process.
Attwood Marshall Lawyers – helping people and changing their lives for the better
Family law is an incredibly complex and emotive area of law. We are of the view that no two cases are the same and are dedicated to providing a personalised service. Our lawyers will listen to your needs and concerns and, together, set goals and formulate a strategy to protect your best interests.
Whether you are at the beginning stages of exploring surrogacy options or need assistance documenting the arrangement, we are here to help.
For advice or to make an appointment with one of our family lawyers, please contact our Family Law Department Manager, Donna Tolley, on direct line 07 5506 8241, email dtolley@attwoodmarshall.com.au or free call 1800 621 071.
Our team are available at any of our conveniently located offices at Robina Town Centre, Coolangatta, Southport, Kingscliff, Brisbane, Sydney, and Melbourne.
