The NSW Gay and Lesbian Rights Lobby (GLRL) notes the passing of the Surrogacy Bill 2010 that will now allow children born through altruistic surrogacy arrangements to have their intended parent/s legally recognised.

The Bill makes parentage orders available to the intended parent/s, where an altruistic surrogacy agreement is in place.

Rathana Chea, GLRL Co-Convenor, noted, “Providing for the legal recognition of children, regardless of their conception or family structure, is in their best interests.”

Kellie McDonald, GLRL Co-Convenor, added, “This Bill provides a legislative framework to allow a consenting birth mother and her partner, if any, to transfer their parenting rights to the intending parent/s.”

The transfer of parentage scheme ensures that the intending parents are recognised as the legal parents of their child under federal and state law.

However, commercial surrogacy is expressly prohibited. Only some “reasonable expenses” may be remunerated to the surrogate mother and paid advertising seeking surrogates is not permitted.

Ms McDonald noted that, “We commend the NSW Government for specifying what may be reimbursed as a ‘reasonable expense’ to prevent individuals from entering into an agreement which may constitute a criminal offence.”

The GLRL is very concerned, however, that the Bill only makes provisions to recognise overseas altruistic surrogacy arrangements and imposes criminal sanctions for NSW residents who enter into commercial agreements overseas.