The Territory has updated its surrogacy laws to give more Canberrans the chance to access traditional and altruistic surrogacy. Photo: Rainbow Families.
People experiencing infertility and single Canberrans can now pursue parenthood via altruistic surrogacy through new law changes.
The Parentage (Surrogacy) Amendment Bill 2023 removes several requirements for those wishing to conceive a child through altruistic surrogacy, including the need for two intended parents to enter into a surrogacy arrangement.
This means single people in the ACT can now consider this method as a pathway to parenthood.
“Altruistic surrogacy can provide hope to people seeking to become parents when it would otherwise be impossible,” Human Rights Minister Tara Cheyne said.
“By removing outdated restrictions, we are promoting equality and respecting the diverse paths people may take to build their families.”
There will also no longer be a requirement for any intended parents to have a genetic connection to the child, meaning traditional surrogacy can become an option, where the surrogate themselves is the genetic parent of the child.
This has been designed to make surrogacy arrangements easier to access for couples where both parties are experiencing infertility. It means both the egg and sperm can come from donors and creates more flexibility for an altruistic surrogate to conceive a child using their own egg.
But it’s not just about what can be done for people trying to conceive.
All Kids Are Equal Campaign spokesperson Ashley Scott said the law changes were also about fairness and ensuring all children had access to their legal rights.
“At the heart of the newly passed legislation is the principle that all children deserve equal recognition, protection and access to their legal rights, regardless of the circumstances of their birth,” he said.
“It encompasses provisions to reduce barriers to altruistic surrogacy, strengthen safeguards for all parties involved and addresses the pressing issue of children born through commercial surrogacy overseas.”
The amended law will establish a framework designed to ensure greater protections for all involved, including mandating that all parties seek independent legal advice and counselling before entering into an arrangement.
Intended parents will be allowed to advertise for an altruistic surrogate, and flexibility for how and where conception occurs has been changed to let the parties use assisted reproductive technology services of their choice (including accessing those services outside of the ACT).
There will also be more support for the ACT courts to make decisions that are in the best interest of the child.
The rights of the surrogate to make decisions about their body have been included in the law, which includes a surrogate’s choices about how they look after themselves during pregnancy and choices about the child’s birth.
“People who become altruistic surrogates provide an incredibly significant and selfless gift,” Ms Cheyne said.
“This bill will help to ensure that all parties in these arrangements have a full understanding of what is involved and are properly protected.”
But despite the big step in the right direction, Mr Scott said there was still much more that needed to be done to ensure “full equality and justice” for all children.
“We must continue our collaborative efforts to bring about further reforms and ensure that no child is left behind,” he said.
“We applaud the ACT Government for their pioneering efforts and call on the Federal Government and other states and territories to follow their lead.”
Loading ...
