Surrogacy In Western Australia
Western Australia legalized non-commercial arrangements of surrogacy between eligible individuals under Surrogacy Act of 2008. This act was passed by the Australian Parliament on December 10, 2008, but the rules, directions, and regulations laid down in the act were put into effect only on March 1, 2009.
Surrogacy arrangement refers to a particular arrangement wherein a woman (birth or surrogate mother) agrees to bear a child in her womb for a couple or an individual, also called the arranged parents. However, the agreement gives the right to raise the child to the concerned arranged parents.
Stringent surrogacy laws of Western Australia make it mandatory to ensure that a particular surrogacy arrangement is made in accordance to the act and that it meets all the stringent requirements defined by law. The law also makes its compulsory to get the arrangement approved by the Australian RTC (Reproductive Tech. Council).
Following are certain other things that should be taken into account when considering surrogacy arrangement in West Australia:
- Arrangements can be made for altruistic surrogacy by the eligible couple or woman, only after the entire process of comprehensive approval and assessment of agreement is completed.
- IVF access is allowed for only those surrogate mothers, who have signed surrogacy agreement with a couple or individual who meets the eligibility criteria for IVF in West Australia.
- Legal parentage of the newborn must be transferred in Family Court.
- A 12-month opportunity window is offered for legal parentage transfer.
- Eligibility criteria for both the surrogate mother and the arranged parent have been well established in the HRT Act, 1991.
- Both, traditional surrogacy and gestational surrogacy are both permitted in Western Australia. However, the procedures involved in both may be different.
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