Surrogacy is where a female person (the birth mother) seeks to become pregnant and give birth to a child, and the child is to be treated as a child of a person or persons other than the birth mother.
In Tasmania, surrogacy arrangements are necessary if the intended parent or intended parents desire to be known as the legal parents of that child. The Surrogacy Act Tasmania 2012 requires a complying Surrogacy Agreement to be in place before the birth of the child. Following the birth of the child, the Surrogacy Agreement can be presented to the Magistrates Court of Tasmania so that a Parentage Order can be made in relation to a child born pursuant to a surrogacy arrangement. Without this Agreement, the Court cannot declare the intended parent or parents to be legal parents of the child. The unfortunate outcome therefore is that the intended parents may never become the legal parents.
Having a Surrogacy Agreement is an essential step on the path to legal parentage.
PWB Lawyers are experienced in drafting and providing advice on Surrogacy Agreements. We understand what aspects of a Surrogacy Agreement are enforceable and what are not. We can help you to understand this process so that you can make informed decisions before taking this very special journey.