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Surrogacy and Assisted Reproduction
The Act became effective on 1 January 2010 and has removed relationship status, sexual orientation and even departure from life as barriers to founding a family. The Act permits a surviving spouse to use an egg or sperm from a deceased spouse to have a baby so long as the departed spouse consented in writing.
The laws that existed in Victoria before the Act were considerably more restrictive. Prior to the new laws a surrogate had to be fertile; a requirement that made it extremely difficult to find a child-bearer. Also under the old laws, surrogacy and IVF were only available to married or heterosexual de facto couples. Therefore the old laws operated to the exclusion of lesbians and single women. Not surprisingly, the restrictive nature of the old laws forced many Victorians to journey to Canberra and other places out of state to access reproductive treatment services.
Under the new laws, more Victorians have been empowered to have babies while remaining home. The arms of the laws regulating surrogacy and IVF have opened up, but there remain a few noteworthy restrictions. Presently, surrogates are required to be 25 years or older and to have previously given birth. Also, couples have to show that they are unlikely to become pregnant, carry a baby or give birth to a baby. In the alternative, couples can show that pregnancy would create danger for the child-bearer or baby.
If you want to have a child through surrogacy, the labor to have a child does not begin in a hospital room. It begins with navigating through a complex process that involves a patient panel review, receiving counselling and legal advice, the tender of written reports, criminal record checks, and child protection order checks. Mathews Family Law has the expertise and experience to assist you with questions you may have about the process and to provide you with any legal advice that you need about surrogacy and IVF.
SMART SOLUTIONS. PERSONAL ATTENTION.
The laws in Victoria regulating Surrogacy and In Vitro Fertilisation (IVF) have become more inclusive with the passage of the new Assisted Reproductive Treatment Act 2008 (the Act).The Act became effective on 1 January 2010 and has removed relationship status, sexual orientation and even departure from life as barriers to founding a family. The Act permits a surviving spouse to use an egg or sperm from a deceased spouse to have a baby so long as the departed spouse consented in writing.
The laws that existed in Victoria before the Act were considerably more restrictive. Prior to the new laws a surrogate had to be fertile; a requirement that made it extremely difficult to find a child-bearer. Also under the old laws, surrogacy and IVF were only available to married or heterosexual de facto couples. Therefore the old laws operated to the exclusion of lesbians and single women. Not surprisingly, the restrictive nature of the old laws forced many Victorians to journey to Canberra and other places out of state to access reproductive treatment services.
Under the new laws, more Victorians have been empowered to have babies while remaining home. The arms of the laws regulating surrogacy and IVF have opened up, but there remain a few noteworthy restrictions. Presently, surrogates are required to be 25 years or older and to have previously given birth. Also, couples have to show that they are unlikely to become pregnant, carry a baby or give birth to a baby. In the alternative, couples can show that pregnancy would create danger for the child-bearer or baby.
If you want to have a child through surrogacy, the labor to have a child does not begin in a hospital room. It begins with navigating through a complex process that involves a patient panel review, receiving counselling and legal advice, the tender of written reports, criminal record checks, and child protection order checks. Mathews Family Law has the expertise and experience to assist you with questions you may have about the process and to provide you with any legal advice that you need about surrogacy and IVF.
The information provided herein is general and is not intended to constitute legal advice. Please contact Mathews Family Law if you require legal advice.
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