NSW moves on surrogacy

The NSW Government has introduced a bill to legally recognise the intended parents of children born through altruistic surrogacy — including same-sex couples.

Altruistic surrogacy is already legal in NSW, but the bill introduces a transfer of parentage scheme which ensures the non-birth parents of a child born through surrogacy are recognised as the legal parents in other areas of federal and state law.

The bill also further prohibits commercial surrogacy arrangements in NSW but allows surrogate mothers to be compensated for “reasonable expenses” incurred to conceive the child, through the pregnancy and birth, and costs associated with entering into a surrogacy arrangement. Advertising of surrogacy arrangements will be prohibited.

The bill recognises overseas altruistic surrogacy arrangements but not commercial arrangements.
NSW Attorney General John Hatzistergos introduced the 52-page Surrogacy Bill 2010 in the Legislative Council at 5pm last Thursday.

The NSW Gay and Lesbian Rights Lobby (GLRL) welcomed the introduction of the bill.
GLRL co-convenor Kellie McDonald said it was necessary that a mechanism existed to allow intended parents to be recognised.

“It is in the best interests of children born through altruistic surrogacy arrangements,” McDonald told Sydney Star Observer.

“The Bill provides a clear list of what can and cannot be remunerated to protect individuals or couples from entering into what could constitute commercial surrogacy, which is a criminal offence”.

However, fellow co-convenor Rathana Chea said all foreign surrogacy arrangements should be recognised.
“While it is pleasing that some overseas arrangements will be recognised, all transfers of parentage issued by foreign jurisdictions should be recognised in NSW in order to protect the best interests of surrogate children living in NSW families,” he said.

The bill is expected to have an easier passage through the Parliament than Clover Moore’s amendment to the Adoption Act that legalised same-sex couple adoption earlier this year. However conservative Christian groups are mobilising against the bill.

Australian Christian Lobby NSW Director David Hutt attacked the bill for failing to “protect” children from the prospect of having a same-sex couple as parents, describing such families “unnatural” and “social engineering and experimentation” on children.