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What is a Surrogacy Agreement?

Surrogacy Agreements are a legal arrangement under which a surrogate mother becomes pregnant and gives birth to, a child for another individual or couple. If you are considering surrogacy as a means to start or expand your family, Stanley & Co Lawyers, can help you navigate the complex legal landscape of surrogacy laws in South Australia. We have established strong connections within the surrogacy community and with reproductive technology clinics. Our team of experienced family lawyers offer comprehensive guidance through every step of the surrogacy journey, ensuring you feel supported with compassion, expertise, and unwavering dedication.

Why Choose Stanley & Co Lawyers for Your Surrogacy Journey?

  • Expertise: Our team has a wealth of experience in alternative family formation and a deep understanding of the intricacies of surrogacy legislation in South Australia. You can trust us to navigate the legal complexities with precision and care.
  • Comprehensive Services: From drafting surrogacy agreements and obtaining orders through the Youth and Family Courts to providing ongoing legal support, we offer comprehensive services tailored to your unique needs..
  • Personalized Approach:  We recognize that every surrogacy journey is unique, which is why we take the time to understand your specific circumstances and tailor our services accordingly. Your goals and preferences guide our legal strategies every step of the way.
  • Fixed Fee Service: Where possible, after your free no-obligation consultation, our family lawyers in Adelaide will assess your matter and advise you on whether your case is suitable for a fixed fee agreement. If your matter has some complexity, we may still be able to provide you with a fixed fee for some elements of your matter or a comprehensive quote to provide you clarity and security regarding your legal costs.

Embarking on a surrogacy journey can be both exciting and daunting. At Stanley & Co Lawyers, we’re here to ease your concerns and empower you to navigate the legal process with confidence. You can trust us to be your dedicated legal partner every step of the way, as you embark on the extraordinary journey of surrogacy. If you are ready to explore surrogacy as a means to build your family? Contact Stanley & Co Lawyers today to schedule a free first interview with one of our experienced family lawyers.

Helpful Questions & Answers

Our Surrogacy Services

  1. Legal Advice: Our team provides expert legal advice to intended parents and surrogate mothers, ensuring that all parties fully understand their rights and responsibilities under South Australian surrogacy law.
  2. Surrogacy Agreement Drafting: We assist in drafting comprehensive surrogacy agreements that outline the rights, obligations, and expectations of all parties involved, providing clarity and peace of mind throughout the process.
  3. Court Applications: We guide intended parents through obtaining consent orders from the Youth Court, securing their parental rights and protecting the child’s best interests.
  4. If required, we can also assist in further or additional Orders through the Family Law courts with respect to parental responsibility and time-spending arrangements with external parties.
  5. Support and Advocacy: Throughout the surrogacy journey, our team is here to provide ongoing support, advocacy, and legal representation, addressing any challenges that may arise with professionalism and diligence

How Long Does the Surrogacy Process Take?

The surrogacy journey varies based on individual circumstances. We guide you through each step, ensuring all legal requirements are efficiently handled.

Can Surrogacy Agreements Include Post-Birth Arranagements?

Yes, agreements can outline expectations for after the birth, including any ongoing relationships with the child. We help craft agreements that consider all parties’ wishes and best interests.

What is International Surrogacy?

International surrogacy involves a surrogate mother from a foreign country.

There are two main types:

  1. Altruistic Surrogacy; and
  2. Commercial Surrogacy.

In altruistic surrogacy, the surrogate does not earn a profit, though she may be reimbursed for her medical and legal costs. This form of surrogacy is accepted across all Australian states and territories, although eligibility criteria differ.

On the other hand, commercial surrogacy results in financial gain for the surrogate beyond her expenses, often facilitated by clinics or agents who also establish the fees. Notably, residents of certain Australian states and territories may be committing an offence by engaging in commercial surrogacy arrangements abroad.

What Does an International Surrogacy Agreement Contain?

Surrogacy Agreements typically include:

  1. The full name, age, address, and signature of the surrogate mother.
  2. Confirmation that the surrogate mother provided informed consent for the surrogacy agreement.
  3. Details on the procedures carried out by the surrogate mother and the intending parent(s), such as the collection of genetic material or the implantation process.
  4. The origin of the genetic material used for the embryo, indicating whether it came from donors or other sources.

The surrogacy agreement must be endorsed by the surrogate mother, the intending parent(s), the clinic managing the surrogacy, and an impartial witness. Furthermore, it should:

  1. Acknowledge the surrogacy laws of the country where the agreement was made, where relevant.
  2. Cite the legal framework of the country regarding the intending parent(s)’ legal entitlement to the child, where relevant.
  3. Outline the procedure for transferring parental responsibility of the child to the intending parent(s)

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