Surrogacy and Adoption

Surrogacy is a process whereby a female conceives, carries and gives birth to a child for another person or couple, who are known as the intended parents. The female who carries and gives birth to the child is known as the surrogate or gestational carrier.

Surrogacy arrangements are legally, financially, medically and emotionally complex.

A Surrogacy Agreement is required before a surrogacy arrangement can proceed, and this legal document must first be approved by the Reproductive Technology Council in Western Australia, before the pregnancy begins.

Once a baby is born from a surrogacy arrangement, the Family Court of Western Australia has power to make orders which transfer the parentage of a child from the surrogate, to the child’s intended parents, and to enable the intended parents to become the legal
parents of the child.

Adoption, on the other hand, is the legal process whereby a child becomes part of another family. Adoption is a permanent and legal arrangement, where the adoptive parent or parents take on all of the parental rights and responsibilities for that child, and the legal relationship between that child and their birth parents, is severed.

Adoption is a complex process and to be eligible to adopt a child in Western Australia, you must meet certain criteria including age and residency arrangements.

Legal advice is essential throughout surrogacy and adoption processes, given the requirements which must be satisfied.