Surrogacy is a medical procedure that involves a woman carrying a pregnancy and giving birth to a child for another person or couple. This can be done for various reasons, such as infertility, medical complications, or same-sex couples wanting to start a family.
In Australia, surrogacy is legal, but the process is highly regulated, and the costs associated with it can vary greatly. In this article, we will delve into the mechanics of surrogacy in Australia and the associated costs.
Types of Surrogacy
In Australia, there are two types of surrogacy: traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate mother uses her own eggs, and the intended father’s sperm is used to fertilise the egg, ensuring the surrogate mother and the child are biologically related like in a normal pregnancy.
Gestational surrogacy involves the use of a donor egg and the intended father’s sperm, or donor sperm and donor egg, and the surrogate mother carries the embryo to term. While the surrogate mother may deliver the child, they are not biologically related.
Candidates for Surrogacy in Australia
Surrogacy is an option for people who are unable to conceive a child naturally, such as those with fertility issues or medical conditions that make pregnancy impossible or unsafe. Same-sex couples may also seek surrogacy as a way to start a family. However, not everyone is eligible for surrogacy in Australia.
The law states that intended parents must be Australian citizens or permanent residents, be over 25 years old, and have a medical or social reason for needing a surrogate. Each state or territory will also have their own surrogacy legislation as noted in this article from Australian Family Lawyers; NT did not have surrogacy legislation until it was enacted in December 2022.
Altruistic Surrogacy
In Australia, surrogacy can only be done on an altruistic basis, meaning that the surrogate mother cannot be paid for her services, except for reasonable expenses associated with the pregnancy. This can include medical expenses, legal fees, and travel expenses, but not living expenses or loss of income. The intended parents are responsible for covering these costs, but they cannot provide any additional compensation to the surrogate mother.
This is different from commercial surrogacy, which is legal in some other countries, where the surrogate mother will be compensated for carrying to term. Singer Rebel Wilson’s child was the product of a commercial surrogacy, but while the practice is banned in Australia, some solicitors specialising in surrogacy and donor conception are constantly engaged with trying to find prospective surrogate mothers abroad for Australians. There’s a major risk: Smartraveller notes that residents of the Australian Capital Territory, New South Wales, and Queensland who set up commercial surrogacy arrangements abroad can risk jail time in Australia. Even then, Australian state and territorial family laws have no legal parentage transfers allowed for children born of commercial surrogacies abroad.
Finding your Surrogate Mum
Surrogate motherhood in Australia can be challenging, as there are strict rules and regulations that must be followed. In most cases, intended parents will need to find a surrogate mother through a surrogacy agency or a support group. These agencies can provide guidance and support throughout the process and help match intended parents with a suitable surrogate mother. Not all women, however, are suitable candidates for surrogacy, as the candidate must undergo a rigorous screening process to ensure that they are physically and emotionally capable of carrying a pregnancy to term and giving birth.
The Costs of Surrogacy
The costs associated with surrogacy in Australia can vary greatly, depending on a range of factors, including the type of surrogacy, the location, and the medical expenses involved. In general, the costs can be broken down into the following categories.
Medical Expenses
The medical expenses associated with surrogacy can be one of the largest costs involved. These can include the cost of fertility treatments, medical tests, and prenatal care. For gestational surrogacy, the intended parents may need to use donor eggs or sperm, which can also add to the medical expenses. The costs of fertility treatments can vary greatly, depending on the type of treatment needed and the location. In Australia, IVF treatments can cost anywhere from $4,000 to $15,000 per cycle, and multiple cycles may be needed to achieve a successful pregnancy.
Prenatal care for the surrogate mother can also add to the medical expenses. This can include regular check-ups with a doctor or midwife, ultrasounds, and other medical tests. The intended parents are responsible for covering these costs, but they cannot provide any additional compensation to the surrogate mother for her time and inconvenience.
Legal Fees
Surrogacy will carry a raft of legal expenses the intended parents must account for. This can include the cost of drafting and reviewing contracts, obtaining court orders, and any other legal fees associated with the process. It is important to work with a solicitor who is experienced in surrogacy law, as the legal requirements can vary between states and territories.
Agency Fees
If you use a surrogacy agency to find a surrogate mother, there will be agency fees involved. These fees can vary depending on the agency and the services provided. Some agencies may charge a flat fee, while others may charge a percentage of the total cost of the surrogacy process. These fees can be significant, and it is important to research and compare different agencies before making a decision.
Surrogate Mother’s Expenses
As mentioned earlier, the surrogate mother can be reimbursed for reasonable expenses associated with the pregnancy, such as medical expenses, travel expenses, and legal fees. These expenses can add up, especially if the surrogate mother needs to travel for medical appointments or if complications arise during the pregnancy. It is important to agree on these expenses upfront and to keep detailed records of all expenses incurred.
Extra
There may be additional expenses associated with the surrogacy process, such as counselling fees, travel expenses, and any unexpected medical costs. It is important to budget for these additional expenses and to have a contingency plan in case of any unexpected costs.
Is It Worth It to be a Surrogate?
Becoming a surrogate mother can be a rewarding experience, both emotionally and financially – but not a decision to be taken lightly, given the thorough vetting and the physical and emotional skill of pregnancy. While altruistic surrogacy is not a paid arrangement, surrogate mothers can be reimbursed for reasonable expenses associated with the pregnancy. This can include medical expenses, travel expenses, and legal fees.
Conclusion
Surrogacy can be a complex and expensive process, but for many people, it is the only option to start a family. The costs associated with surrogacy can vary greatly, depending on the type of surrogacy, the location, and the medical expenses involved. It is important to work with experienced professionals throughout the surrogacy process, including doctors, lawyers, and surrogacy agencies, to ensure that all legal and medical requirements are met.
DISCLAIMER: This article is for informational purposes only and is not meant to replace official medical advice. QUICKLE is not affiliated with any medical practice or organisation. Please consult your doctor and a surrogacy solicitor for your options.
