The passing of the Parentage (Surrogacy) Amendment Bill 2023 will allow more Canberrans to pursue parenthood through altruistic surrogacy.
Once the Bill is notified (the law comes into effect), there will no longer be a requirement that two intended parents enter a surrogacy arrangement, allowing single people in the ACT to access surrogacy as a pathway to parenthood. There will also no longer be a requirement for any intended parents to have a genetic connection with the child.
This means that couples where both parties may experience infertility will be able to use surrogacy arrangements; that the egg and sperm can both come from donors; and there will be flexibility for an altruistic surrogate to conceive a child using their own egg.
In addition to expanding access to surrogacy, the reforms:
- establish a framework for greater protection for everyone involved, including mandating that all parties seek independent legal advice and counselling before entering an into an arrangement
- protect the rights of a surrogate to make decisions about their body. This includes how they look after themselves during pregnancy and choices about the birth of the child
- make it easier for intended parents to connect with surrogates by allowing them to advertise for an altruistic surrogate
- ensure flexibility about how and where conception occurs, allowing parties to use assisted reproductive technology services of their choice. This includes accessing services outside the ACT
- support ACT Courts to continue to make decisions that are in the best interest of the child.
The Bill better aligns the ACT’s surrogacy laws with other Australian jurisdictions, enhances access to altruistic surrogacy and strengthens human rights protections for intended parents, surrogates and children born through surrogacy.
