7 February 2011
An Australian gay couple who entered into a paid surrogacy arrangement
has won a legal battle to acquire full paternity rights for the non-genetic
father.
The couple's twin daughters were born to an Indian woman using anonymously
donated eggs and sperm from one of the men. The surrogate gave birth to the girls
in Mumbai after which they were taken to the couple's home in Melbourne.
In the judgment of the Melbourne Family Court, Justice Cronin stated
that: 'As a matter of law, the word 'parent' tends to suggest some biological
connection, but… biology does not really matter; it is all about parental
responsibility'.
Three parenting orders were made in relation to international surrogacy
cases last year but this is the first in connection with a gay couple. The case
may represent an important precedent as growing interest in international
surrogacy arrangements has led experts to predict that up to 350 surrogate-born
children will be brought into Australia in 2011.
The cost of surrogacy to hopeful parents varies by location of the
surrogate mother. In India, a surrogate arrangement may cost around £16,000,
said Sam
Everingham of Australian Families Through Gestational Surrogacy, a support
group. This is around half the cost of an arrangement with a
Thai mother and a fraction of the cost of one with a US mother, who can expect
to receive up to £100,000, Mr Everingham said.
Opposition to international surrogacy arrangements has led the State
Parliament in New South Wales to pass an 'altruistic surrogacy law' which prohibits residents from
travelling overseas to enter into commercial surrogacy arrangements, which are
not allowed under Australian law.
Under the new state law, which comes into force in March, international
commercial surrogacy is punishable by a fine of up to £70,000, two years
imprisonment and may block of the kind of parental recognition endorsed by the
Melbourne Family Court.
SOURCES & REFERENCES
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Advocate.com
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21 January 2011
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News.com Australia
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22 January 2011
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ABC News
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22 January 2011
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Herald Sun
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22 January 2011
|
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