Surrogacy

There are two main types of surrogacies – traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate is genetically related to the child she carries because her own egg is fertilised by the intended father’s sperm or donor sperm. In gestational surrogacy, the surrogate carries an embryo created using the egg and sperm of the intended parents or donors, making her genetically unrelated to the child. Victorian clinics are only able to facilitate gestational surrogacy arrangements.

People choose surrogacy when they are unable to conceive or carry a pregnancy themselves due to factors such as infertility, medical conditions or same-sex male partnerships. Surrogacy offers an alternative pathway to parenthood for individuals or couples who wish to have a biological child.

The legality of surrogacy varies depending on the country, state or jurisdiction. Some countries and states have specific laws and regulations that govern surrogacy arrangements, while others may have no restrictions. You must research and understand the legal framework surrounding surrogacy in your location of interest before proceeding with the process. In Australia, all surrogates are altruistic – that is, women cannot be paid to act as surrogates. However, reimbursement for some expenses is permissible in many states.

Surrogate women are asked to attend consults with a fertility specialist. In Victorian gestational surrogacy arrangements, women must have given birth to a live-born child before being eligible to be a surrogate – and because of this, potential surrogates may also need to consult with an obstetrician to ensure they can carry a pregnancy and discuss any risk factors. Surrogate women must also undertake medical screening, counselling, legal advice and a consenting process. Furthermore, Victorian gestational surrogacy arrangements require approval from the Victorian Patient Review Panel before a fertility clinic can provide treatment.

There are various emotional considerations for all parties involved in surrogacy, including the intended parents, the surrogate and their respective families. During the counselling process, we discuss topics such as attachment and bonding, relationships, support systems, mental health and resilience, navigating the pregnancy and childbirth process, and many other topics. Counselling is an integral part of preparing for a surrogacy arrangement in Victoria.

Some financial considerations include the preparations leading up to surrogacy (counselling, legal advice, medical screening and the creation of embryos), the ongoing expenses of pregnancy and birth, and the reimbursement of costs incurred by the surrogate woman. The total cost of surrogacy can vary widely depending on factors such as the location, medical requirements and legal considerations.

While surrogacy can be a rewarding experience for many families, it also carries potential risks and challenges. There may be risks involved during the creation of embryos used in the surrogacy arrangement, medical complications during pregnancy or birth, risks to emotional health and wellbeing, and legal risks. It’s essential for all parties involved to receive comprehensive information and counselling and to provide informed consent before proceeding with the process.