The NSW Gay and Lesbian Rights Lobby (GLRL) welcomes the introduction of the Surrogacy Bill 2010 that proposes a scheme to allow children born through altruistic surrogacy arrangements to have their intended parent/s legally recognised.

While altruistic surrogacy is already legal in NSW, the Bill introduces a transfer of parentage scheme, which will strengthen existing parenting laws in NSW.  

Kellie McDonald, GLRL Co-Convenor, noted, “It is in the best interests of children born through altruistic surrogacy arrangements, that a mechanism exists to allow their intended parent/s to be recognised.”  

Rathana Chea, GLRL Co-Convenor, added, “This Bill provides a consenting birth mother and her partner, if any, to transfer their parenting rights to the intending parents. This will allow people who have children through surrogacy arrangements to be recognised as the legal parents of their child.”  

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

While commercial surrogacy will remain prohibited, the NSW Government will allow ‘reasonable expenses’ to be remunerated to the surrogate mother.  

Ms McDonald noted that, “The Bill provides a clear list of what can and cannot be remunerated to protect individuals or couples from entering into what could constitute commercial surrogacy, which is a criminal offence”. 

The Bill also includes provisions to recognise overseas surrogacy arrangements, however only altruistic arrangements will be recognised.