Surrogacy, parentage, donor agreements, IVF, ART

If you would like to discuss surrogacy, parentage, donor agreements, IVF and ART please contact us to make an appointment with one of our family lawyers.

Common questions we can help you answer

  • What is surrogacy and how does it work?
  • How and where do I find a surrogate?
  • What is altruistic surrogacy?
  • Are there any legal issues associated with surrogacy?
  • What are the legal requirements (in Australia, or overseas) to have a child via a surrogacy arrangement?
  • Do I need independent legal advice when entering into a surrogacy arrangement?
  • Should I enter into a Surrogacy Agreement? If so, is it binding?
  • What are some of the pros and cons of entering into a Surrogacy Agreement?
  • Who are the parents of a child once it is born via surrogacy and who has parental responsibility for the child?
  • What happens if there is a dispute as to parentage of the child after it is born?
  • Do I need an order from the Court to be deemed as a parent to a child born via surrogacy?
  • Do I need to contact the Registry of Births, Deaths and Marriages after the child is born?
  • Who is listed on the child’s birth certificate?
  • What happens if the surrogate or her partner does not want to relinquish the child after it is born?
  • What happens if me and my partner separate before the child is born via surrogacy?
  • How do I change the child’s name?
  • What does Artificial Reproductive Technology (“ART”) involve?
  • I would like to be a donor, what is the difference between a “known” donor and an “un-known donor”?
  • What are the legal consequences of becoming a donor?
  • If I am a donor, and I parent and do I have any rights and/ or responsibilities towards the child that is born?
  • I would like to conceive a child via ART, where do I start and how do I find a sperm/ egg donor?
  • Can I obtain information about the donor such as their history?
  • What are the legal requirements in Victoria (in Australia, or abroad) to have a child via ART?
  • Should I enter in a Donor Agreement? If so, is it binding?
  • Do I need independent legal advice when entering into a Donor Agreement and what are some of the pros and cons of entering into a Donor Agreement?
  • Who are the parents of a child once it is born via ART and who has parental responsibility for the child?
  • What happens if there is a dispute as to parentage of the child after it is born?
  • Do I need an order from the Court to be deemed as a parent to a child born via ART?

Read about IVF here