Commercial Surrogacy Banned in Parts of the Land Down Under.
Australia, a country known for its’ progressive policies and open-minded thinking, has just passed legislation that some might label as restrictive, invasive and not representative of the will of it’s forward-thinking citizenry. New South Wales, Australia’s most populous state and home to it’s capital city Sydney, has just passed one of the most controversial pieces of legislation around, which criminalizes activities associated with commercial surrogacy.
This bold piece of legislation, which goes into effect March 1, 2011, prohibits residents from entering commercial surrogacy arrangements both at home and overseas. It defines commercial arrangements as those arrangements where a fee is paid to the surrogate mother, which is above and beyond any reasonable expenses incurred by the surrogate, related to giving birth. Such specified expenditures, such as medical expenses, travel, and lost earnings due to maternal leave, must be backed by receipts and documentation.
Australia, a country known for its’ progressive policies and open-minded thinking, has just passed legislation that some might label as restrictive, invasive and not representative of the will of it’s forward-thinking citizenry. New South Wales, Australia’s most populous state and home to it’s capital city Sydney, has just passed one of the most controversial pieces of legislation around, which criminalizes activities associated with commercial surrogacy.
This bold piece of legislation, which goes into effect March 1, 2011, prohibits residents from entering commercial surrogacy arrangements both at home and overseas. It defines commercial arrangements as those arrangements where a fee is paid to the surrogate mother, which is above and beyond any reasonable expenses incurred by the surrogate, related to giving birth. Such specified expenditures, such as medical expenses, travel, and lost earnings due to maternal leave, must be backed by receipts and documentation.
Failure to satisfy these criteria may result in imprisonment and a steep fine for any intended parents and surrogates who are citizens of NSW, even if the arrangement is done overseas. The law also regulates altruistic surrogacy, by defining what are the minimum ages of a surrogate and an intended parent, what type of medical need necessitates the arrangement, and a host of other legalities.
While the law does exempt people who have entered into a written contract overseas before the March 1st deadline, interested parties should be advised to carefully look over the existing Part 1A of the Crimes Act 1900 (NSW) , where residents actions overseas could be an offence under NSW law. If you are a resident of NSW, who thinks you may be affected by this change in law, we recommend seeking legal advise.
To learn more, please click The Surrogacy Act 2010.
While the law does exempt people who have entered into a written contract overseas before the March 1st deadline, interested parties should be advised to carefully look over the existing Part 1A of the Crimes Act 1900 (NSW) , where residents actions overseas could be an offence under NSW law. If you are a resident of NSW, who thinks you may be affected by this change in law, we recommend seeking legal advise.
To learn more, please click The Surrogacy Act 2010.
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