The Parentage (Surrogacy) Amendment Bill 2023 came into effect in the ACT on 10 July 2024, bringing about a series of amendments to surrogacy arrangements in the ACT.
The reforms are directed to making surrogacy arrangements more accessible to hopeful parents, and to bring the ACT legislation in line with surrogacy arrangements across the country.
The primary changes to surrogacy arrangements in the ACT are:
It is no longer a requirement that there be two intended parents of a surrogacy arrangement, and a single person not in a marriage or de facto relationship may pursue a surrogacy arrangement;
The timeframes in which an application must be made to the ACT Supreme Court for a Parentage Order have been relaxed, in some circumstances;
To provide surrogates and intended parents greater access to fertility services and greater freedom of movement, it is no longer a requirement that a child born of a surrogacy arrangement be conceived and birthed within the ACT. Intended parents who wish to make an application to the ACT Supreme Court for a Parentage Order may utilise assisted reproductive technology treatment, or birth a child outside of the ACT;
It is no longer a requirement that there be a genetic connection between the child and the intended parents. Prior to the recent amendments, it was required that one intended parent provide genetic material used for conception;
Whilst commercial surrogacy remains unlawful in the ACT (and all other Australian states and territories), hopeful parents wishing to enter into a surrogacy arrangement are now permitted to advertise a proposed altruistic surrogacy, to improve their prospects of connecting with a surrogate;
The Parentage Amendment 2024 which also came into effect from July 2024, provides a prescribed list of antenatal and postnatal expenses which are deemed to be “reasonable expenses” for which a birth parent may seek reimbursement;
The amendments place greater emphasis upon the Court’s ability to exercise discretion to grant a Parentage Order where it is in the best interests of the child to do so.
For specialist legal advice in relation to surrogacy arrangements, contact Robinson + McGuinness today to arrange an appointment by email at info@rmfamilylaw.com.au or 02 6225 7040 or get started now online with one of our experienced lawyers.
Author: Margot McCabe, Associate Director.