The ACT Government has today introduced a bill to amend the ACT’s Surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is allowed, and that the assisted reproductive treatment does not need to occur in the ACT.

The term intended parents will be used instead of substitute parents, and the term parentage order will be used instead of substitute parentage order- both welcome reforms.

Overseas commercial surrogacy will remain illegal in the ACT. No one has been prosecuted since the Parentage Act was enacted in 2004.

The Bill will also allow the Supreme Court to recognise both parents when only one of them is shown as the parent through overseas surrogacy.

Before the Bill’s introduction today, our director Stephen Page had made extensive submissions as to changes that needed to be made to the Parentage Act 2004. Some of those have been endorsed in the Bill. He has also been part of the All Kids are Equal Campaign, which has been seeking surrogacy reform. The Parentage Act is the oldest of Australia’s surrogacy laws, with the result that these changes will bring it up to speed with other surrogacy laws in Australia.

For more information, contact Stephen Page on +61 7 3221 9751 or [email protected]

Click the link below to read Stephen’s Submission to the ACT Government.

ACT Surrogacy Laws Consultation Paper

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