Surrogacy In South Australia
Introduction
Surrogacy is a complex area of family law that involves a surrogate mother carrying and giving birth to a child on behalf of intended parents. In South Australia, surrogacy is regulated by specific laws to protect the rights of all parties involved.
Legal Requirements for Surrogacy in South Australia
Surrogacy Arrangements
In South Australia, surrogacy arrangements must be entered into voluntarily by all parties involved. The arrangement must be in writing and approved by the Supreme Court of South Australia.
Parentage Orders
Intended parents must apply to the Supreme Court for a parentage order to transfer legal parentage of the child from the surrogate mother to them. The Court will consider the best interests of the child before granting the order.
Legal Advice
It is crucial for all parties involved in a surrogacy arrangement to seek legal advice to understand their rights and obligations under South Australian law. Wright Street Lawyers can provide client-focused guidance and representation throughout the process.
Frequently Asked Questions
Q: Who can be a surrogate in South Australia?
A: In South Australia, a surrogate must be over the age of 25, have already given birth to a child, and have undergone counseling before entering into a surrogacy arrangement.
Q: Are commercial surrogacy arrangements legal in South Australia?
A: No, commercial surrogacy arrangements are illegal in South Australia. Surrogacy must be altruistic, meaning the surrogate mother cannot receive any payment beyond reasonable expenses incurred during the pregnancy.
Q: What are the legal rights of the surrogate mother?
A: The surrogate mother has the right to make decisions about her own health and the pregnancy. However, she cannot keep the child after birth if the intended parents have obtained a parentage order.
client-focused Legal Assistance from Wright Street Lawyers
Wright Street Lawyers in Adelaide, South Australia, specialises in family law and can provide comprehensive legal support for surrogacy matters. Our experienced team can guide you through the legal complexities of surrogacy and ensure your rights are protected.
Contact Us
If you are considering surrogacy in South Australia or need legal advice on family law matters, contact Wright Street Lawyers for professional representation and personalised guidance.
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