Surrogacy & Assisted Reproductive Technology

For couples exploring alternative pregnancy options such as surrogacy, artificial insemination, in vitro fertilization (IVF) and other forms of Assisted Reproductive Technology (ART), there are many legal issues to consider.

Unfortunately disputes between parties can occur during the surrogacy process and Tindall Gask Bentley can provide advice in these circumstances.

  • Surrogacy in Australia

    Surrogacy is legal in Australia, but current laws only permit altruistic surrogacy arrangements, making it illegal to pay someone for their services as a surrogate. More information can be found here

    Family lawyers at Tindall Gask Bentley can:

    • Draft surrogacy agreements for commissioning parents and surrogate mother
    • Provide legal advice for commissioning parents
    • Provide legal advice for the surrogate mother
    • Apply to the Youth Court to seek an Order to change legal Parentage


  • Surrogacy Overseas

    Some couples desperate to become parents head overseas to find and pay a surrogate mother. Again, there are legal implications to be considered.

    Family lawyers at Tindall Gask Bentley can:

    • Provide advice about the legality of the arrangement
    • Provide advice regarding the commercial surrogacy contract
  • Assisted Reproductive Technology (ART)

    Family lawyers at Tindall Gask Bentley provide advice to people who want to use ART – either commissioning parents or egg/sperm donors.

    We also provide advice relating to relationships with the child, such as custody and child support payments.

  • Advice for Same-Sex Couples

    Surrogacy and ART is particularly relevant for same sex couples who want to start a family, and lawyers at Tindall Gask Bentley can provide advice relating to:

    • The legality of the arrangement
    • Relationship and parenting rights
    • Financial obligations

    This is a complicated area of law, so it is extremely important to seek legal advice from experienced family lawyers.

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