Laws against surrogacy at home won’t stop Australians going overseas

Australian research published online today in the Medical Journal of Australia shows that most Australians considering surrogacy go ahead with the process using overseas compensated arrangements, and are undeterred by laws making this a criminal offence.

Study co-author Dr Karin Hammarberg of the Jean Hailes Research Unit at Monash University, says the study highlights the need to review surrogacy related laws, including allowing surrogates in Australia to receive compensation, which may avoid the need for people to get involved in unregulated surrogacy abroad.

The study surveyed 259 people considering or already engaged in surrogacy.

The Jean Hailes Research Unit at Monash University and Surrogacy Australia found that only 8% of those surveyed used surrogacy in Australia. India and the US were the most common destinations for those who travelled overseas to access surrogacy.

Dr Karin Hammarberg says there were multiple reasons Australians were going overseas for surrogacy.

“These reasons included not being able to find a surrogate in Australia, concerns that asking a surrogate to carry a child for no reward is unfair, and concern that the surrogate might keep the child,” said Dr Hammarberg.

Australian laws ban advertising for a surrogate and providing compensation to the surrogate, which contributes to people seeking surrogacy overseas.

“It was interesting to see that the study showed that state-based legislation criminalising overseas compensated surrogacy does not deter people from travelling overseas to access surrogacy,” she said.

According to Dr Hammarberg there is a need to review surrogacy-related laws and regulations in order to allow more equitable access to surrogacy arrangements within Australia and to ensure that children born as a result of surrogacy have the same right as other Australian children to know their origin.

“Allowing surrogates to receive some compensation might make it easier to recruit surrogates in Australia and avoid the need for people to undertake unregulated surrogacy overseas,” she said.