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Calls by the Attorney General, Phillip Ruddock, to harmonise laws across the states regarding surrogacy may have an impact on gay men considering surrogacy as a fathering option, the Gay and Lesbian Rights Lobby has said. Ruddock has not expressed a preference on whether the states should take a restrictive or permissive approach to surrogacy.
The laws regarding surrogacy vary widely from state to state, with NSW and the ACT being the most permissive. Currently, all surrogacy arrangements are illegal in Queensland, Tasmania and South Australia. Non-commercial surrogacy is allowed in Victoria and the ACT, however restrictions are placed on advertising for a surrogate mother. There are no current prohibitions on surrogacy in NSW, although a Bill to ban commercial surrogacy has been on the agenda. “Surrogacy is costly and difficult to arrange, however it represents an avenue for gay men to pursue fatherhood”, said Ghassan Kassisieh, spokesperson for the Gay and Lesbian Rights Lobby.
“Consistency across the states with regards to surrogacy could be positive way to ensure the law is clear. However, legal harmonisation should not be at the cost of closing off surrogacy as an option. More permissive stances in the ACT and NSW may lose out in the process.”
The Gay and Lesbian Rights Lobby has been providing easy-to-understand legal information on parenting and relationship rights on our website. Barrister and Professor of Law, Jenni Millbank, answers questions from the GLBT community and has provided some good advice to gay men considering surrogacy.
“Prospective gay fathers should get detailed legal advice before they pursue surrogacy options, as well as reading Professor Jenni Milbank’s Q&A on our website”, Kassisieh added. “Even if a child is born, gay fathers face further challenges in having their status as parents recognised due to discriminatory NSW parenting laws.”
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