Associate Jessica Keal highlights the importance of following the legal surrogacy process and ensuring that all parties are protected, most importantly the child, in Family Law Week.
"Having a baby should be a joyful time for a couple or single parent, but the complexity of the current laws that govern surrogacy provide an added stress at a time when new parents need this the least.
"Those who go through the surrogacy process without expert advice can be faced with the reality that the intended parents are not, in fact, the legal parents of the child. The unintended consequences of not following the legal process to ensure you are the legal parent of the child could result in not only the surrogate continuing to have rights and obligations in relation to the child, but also the surrogate’s partner.
"Anything going wrong with a surrogacy arrangement is heart-breaking for all involved and it is important for the law to be simplified. However, it must still ensure that all parties are protected, including, crucially, the child."
Jessica's comments were published in Family Law Week, 31 March 2023, and can be found here.