The ACT Government is introducing new legislation to help aspiring parents, who may be unable to conceive and carry a child themselves, have children.
Tara Cheyne, ACT Minister for Human Rights, said the Parentage (Surrogacy) Amendment Bill 2023 provides better clarity and certainty, together with adequate protection of the human rights of children born through surrogacy arrangements.
“These new laws will set clear rules for surrogacy agreements, ensuring everyone involved knows what to expect whilst also protecting the rights of surrogates and children,” Ms Cheyne said.
“It will mandate legal advice, counselling, a written agreement before conception, and age criteria for surrogates, while respecting their pregnancy and birth rights.
“Importantly, these changes will provide clarity and certainty, as well as ensure adequate protection of the human rights of children born of surrogacy, surrogates, and intended parents.”
This new legislation will better align ACT’s surrogacy laws with other Australian jurisdictions; improve access to altruistic surrogacy in the ACT; strengthen requirements for altruistic surrogacy arrangements in the ACT; and establish a structured framework to provide more certainty for parties entering surrogacy arrangement, Ms Cheyne said.
In line with these principles, the changes will remove the requirements that one intended parent be a genetic parent of the child, and will allow traditional surrogacy, where the surrogate is the genetic parent of the child.
This means that couples where both parties may be infertile will be able to use surrogacy arrangements, and an altruistic surrogate will be able to conceive a child using their own egg.
The Bill will also remove legislative barriers for single people who want to access surrogacy arrangements.
The Bill sets clear rules for surrogacy agreements, ensuring everyone involved knows what to expect whilst also protecting the rights of surrogates and children.
It will require surrogates to be 25 years or older (or over 18, if a counsellor is satisfied that the surrogate has sufficient maturity and understanding).
The Bill will remove restrictions on advertising and procuring altruistic surrogacy arrangements, to make it easier for intended parents to connect with potential surrogates. It will also remove requirements that a procedure occur in the ACT, to give people more choice about accessing services.
Commercial surrogacy remains illegal. Under special circumstances, the Bill will allow the Supreme Court to grant parentage orders for children born through commercial surrogacy, if a child is facing a pressing disadvantage. This provision acknowledges the child’s rights, and aims to ensure that children living in the ACT are not disadvantaged due to the circumstances of their birth.
