Assisted Reproduction, IVF & Surrogacy
A brief summary
In New South Wales you can access IVF treatment regardless of whether you are single or partnered.
Adoption by same-sex couples via joint petition is legal
It is illegal for NSW residents to enter into commercial surrogacy arrangements, even where those arrangements are overseas.
You must have a social or medical need for surrogacy.
The current law in New South Wales does not recognise sperm donors as fathers
Where a female partner gives birth as a result of an IVF procedure, the couple (whether a lesbian or heterosexual couple) are legally considered to be the child's parents
A sperm donor must seek to be granted parental responsibility in the Family Court of Australia.
We advise on parenting matters including adoption, and where conceived from IVF, assisted reproduction, or surrogacy
Surrogacy in New South Wales is regulated by the Surrogacy Act 2010. If you are an intended parent living in New South Wales, then the surrogacy laws that apply to you are those of New South Wales. This is the case, even if your surrogate lives in another State. The criteria for surrogacy includes:
- That the intended parents have a social or medical need for surrogacy. This includes same sex male couples, and opposite sex couples who cannot conceive or carry a baby themselves.
- That the birth mother is over 25 years of age.
- Each of the intended parents must be at least 18 years of age; if either of them is under 25 then the Court must be satisfied that they are of sufficient maturity to understand the social and psychological implications of the making of a parentage order.
- The intended parents must cover the birth mother’s out of pocket expenses in accordance with the law.
- That the parties have undergone counselling about the arrangement.
- That the parties have obtained legal advice about the arrangement.
- There must be a written Surrogacy Agreement signed by all the parties.
It is not legal for New South Wales residents to enter into commercial surrogacy arrangements, even where those arrangements are overseas.
IVF & Assisted Reproduction
All women in New South Wales can access IVF treatment regardless of whether they are single or partnered. However, Medicare funding is only available to couples who are medically infertile. The Assisted Reproductive Technology Act 2007 allows donors of sperm or eggs to nominate classes of people who may not use their sperm or eggs. Since 2008, the female partners of women who conceive through IVF have been recognised as legal parents.
Where a female partner gives birth as a result of an IVF procedure, the couple (whether a lesbian or heterosexual couple) are legally considered to be the child’s parents, provided that the other partner consented to the procedure. These will be the parents recorded on the birth certificate.
The current law in New South Wales does not recognise sperm donors as fathers, and they will not be recorded on a birth certificate.
For both gay males and heterosexual couples who have a child by means of surrogacy, the law does not allow for a person who donates sperm to be recorded as a parent, regardless of their intent.
A sperm donor must seek to be granted parental responsibility in the Family Court of Australia. Contact us today to discuss your options.
Frequently Asked Questions
No. In New South Wales, a sperm donor is not recognised as a parent, and will not be recorded on a birth certificate.
A sperm donor must apply to the Family Court of Australia to seek orders to be granted parental responsibility.