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Surrogacy in Australia

There are a lot of talks about legal, ethical and medical parts of Surrogacy. Our Team knows for sure that nothing can stop the Intended Parents, willing to have a child. Today we want to share with you some information related to Surrogacy in Australia, it’s law regulation inside the country and some reasons to undergo Surrogacy program overseas.

Legal regulation of Surrogacy in Australia

Legal regulation of Surrogacy in Australia varies from state to state. Nowadays all Australian states and territories (except Northern Territory, where no legislation exist) have criminalized commercial surrogacy in their jurisdictions. Furthermore, the ACT, NSW and QLD have also legislated to make it illegal for residents of those jurisdictions to enter into commercial surrogacy arrangements overseas with penalties from 100 units to three years of imprisonment. For example, in NSW according to Surrogacy Act 2010, maximum penalty for entering into commercial surrogacy agreement is 2500 penalty units, in the case of corporation, or 1000 penalty units or imprisonment of two years (or both) in any other case. According to Parentage Act 2004 in ACT, maximum penalty of 100 penalty units, imprisonment for one year or both are penalties for Commercial Surrogacy deals. In Queensland, penalty for Commercial Surrogacy is specified in Surrogacy Act 2010 and varies from 100 penalty units to three years of imprisonment.

Commercial Surrogacy

As we can see, Australian law is not very friendly for Commercial Surrogacy. The main reason for this is that the Australian Government doesn’t want to contribute the “baby factories” creations, as there is a widespread belief that commercial Surrogacy is some kind of economical slavery for women, who are pressed by their financial problems. From another point of view, it is unlawful for a person to receive payment for her reproductive capacity.

In reality, the picture drawn by political forces and journalists is not so black. Certainly, each Surrogate Mother, who is ready to become a gestational courier for Infertile Couple will be glad to receive some financial support from them, as it will help to improve her own family welfare, to give good education for her own children or to facilitate the purchase of home. But the main reason for becoming a Surrogate is always something bigger, that just money earning. This is, first of all, a noble way to help infertile couple to find a happiness of parenthood.

Surrogacy overseas

On the other hand, increasingly more couples from Australia request Surrogacy services overseas. Australian Courts generally do not seek to ‘punish’ people who attempt to create a family by engaging a commercial surrogate. Over the last 40 years, no person has been found criminally responsible in an Australian court in relation to a surrogacy event. So, law regarding the penalty of Surrogacy in Australia is not enforced.

Of course, we recommend you to seek a specialized legal consultation about Surrogacy in Australia before participating in any International Surrogacy program. However, we can ensure you that we have experience of working with Australian couples in International Surrogacy field and we know that nothing is Impossible.

Pay attention to details

In case of Australia, it doesn’t matter which Surrogacy destination you choose (Ukraine, Russia, Georgia, Belarus, USA etc) and what will be the marital status of your future Surrogate mother. Pay more attention to the Company you will work with, to its experience, credibility and medical facilities. We strongly recommend you to use genetic material of at least one Intended Parent with Australian citizenship, as it will help a lot in future, during the obtaining of your baby’s citizenship.

Usually, in the end of Surrogacy program you receive the Certificate of your baby’s birth, where you are written as legal parents, without any mentioning about Surrogacy.

Nevertheless, it is not the end of your Surrogacy journey, as you need to bring your baby home, and without citizenship and baby’s passport it will be not possible to do. From this moment your Embassy process starts.

Embassy process

A child born outside Australia as a result of a surrogacy arrangement is eligible for Australian citizenship by descent if, at the time of their birth, they had a parent who was an Australian citizen.

Where there is no biological connection between an Australian citizen who is the intended parent and the child born through an international surrogacy arrangement, or where such a biological connection has not been satisfactorily established, it is necessary for an Australian citizen to provide other evidence to demonstrate that the Australian citizen was in fact the parent of the child at the time of the child’s birth.

Evidence of parent-child relationship

Evidence that the parent-child relationship existed at the time of the child’s birth may include, but is not limited to:

•           a formal surrogacy agreement entered into before the child was conceived

•           lawful transfer of parental rights in the country in which the surrogacy was carried out to the Australian citizen before or at time of the child’s birth

•           evidence that the Australian citizen’s inclusion as a parent on the birth certificate was done with that parent’s prior consent

•           evidence that the Australian citizen was involved in providing care for the unborn child and/or the mother during the pregnancy, for example, emotional, domestic or financial support and making arrangements for the birth and prenatal and postnatal care

•           evidence that the child was acknowledged socially from birth or before birth as the Australian citizen’s child, for example, where the child was presented within the Australian citizen’s family and social groups as being the Australian citizen’s child.

Certificate of baby’s citizenship by descend must be obtained in Department of Home Affairs of Australian Government and sent by post to the country where surrogacy is performed. This Certificate gives to your baby right to obtain Australian passport for travelling home.

Passport of a baby

Once all documentation needed for baby’s passport has been gathered, given to the Embassy and checked, at least one parent will be required to attend a personal interview at the Australian Embassy to lodge the passport application. Interviews are by appointment only and must be confirmed in advance of their travel to Embassy. Following that, the Embassy may need to contact them again or other individuals named as part of the application, including the non-lodging parent, the surrogate and witnesses. The completed application will then be processed in Canberra.

Finally, in the end you will get baby’s passport and travel home with new member (or maybe members) of your family! We really believe that you are not frightened of all this legal issues and the rule «forewarned is forearmed» is the best option for all Intended Parents.

Patience of our Intended Parents is very important for our Company, that’s why we provide them with full legal support during Surrogacy program from the moment of their first call to their travel home. Contact us today to know more information about medical and organization part of Surrogacy for Australian Couples!

Author: Sukhanova Anna, legal adviser of Pons Medical Group

Surrogacy in Australia

Egg Puncturing

In vitro fertilization (IVF) is a complex series of procedures used to treat infertility or genetic problems and assist with the conception of a child. It is the most effective form of assisted reproductive technology. The procedure can be done using your own eggs and your partner’s sperm. Or IVF may involve eggs, sperm or embryos from a known or anonymous donor. In some cases, a gestational carrier — a woman who has an embryo implanted in her uterus — might be used.

What is egg puncturing?

If you are using your own eggs during IVF, at the start of a cycle you will begin treatment with synthetic hormones to stimulate your ovaries to produce multiple eggs – rather than the single egg that normally develops each month. Multiple eggs are needed because some eggs will not fertilize or develop normally after fertilization.

Egg puncturing is also known as the oocyte pick-up, or OPU, egg retrieval is the process by which eggs or oocytes are removed from the ovary after stimulation during IVF. After you take fertility injections to grow multiple ovarian follicles, which house the eggs and once they reach the target size, ovulation is triggered and the egg are removed through the vagina during “mini-surgery”. Using an ultrasound doctors remove the eggs using a needle guide that is attached to ultrasound probe.

After being  removed, the eggs go to the laboratory to be prepared for freezing or for fertilization with sperm to create embryos. When the embryos are created, they will be transferred to Intended mother’s uterus or it will be used with surrogate mother.

Medications for stimulation. 

To stimulate your ovaries, you might receive an injectable medication containing a follicle-stimulating hormone (FSH), a luteinizing hormone (LH) or a combination of both. These medications stimulate more than one egg to develop at a time. When the follicles are ready for egg retrieval — generally after eight to 14 days — you will take human chorionic gonadotropin (HCG) or other medications to help the eggs mature. Typically, you will need one to two weeks of ovarian stimulation before your eggs are ready for retrieval.

 About 34 to 36 hours after you receive the hCG shot, the egg retrieval will take place. It is normal to be nervous about the procedure, but most women go through it without much trouble or pain.

Is egg puncturing painful?

Before the egg puncturing, an anesthesiologist will give you some medication intravenously to help you feel relaxed and pain-free. Usually, a light sedative is used, which will make you “sleep” through the procedure. This is not the same as general anesthesia, which is used during surgery. Side effects and complications are less common. Overall egg retrieval is a safe procedure. Some fertility clinics prefer to use conscious sedation, which uses a sedative to help you relax and an anesthetic to numb and block pain.

Duration of operation


The egg puncturing process takes about 20 minutes. One benefit to conscious sedation is that recovery time is faster than general anesthetic, which allows you to head home and rest more quickly following the procedure. Another perk is that conscious sedation allows you to be awake and a part of the procedure without the anxiety and pain related to egg retrieval.

Many women who had experienced this process, found it fairly easy and without much pain after. Their advice is to be relaxed, because as they say there is no need to be nervous. After the process, you can have a rest for one or two hours and then leave the clinic.  Most likely you will go home and sleep the rest of the day. The next day of egg retrieval you will be able to do everything, you have been doing before it.

For you this is the only way to get a baby genetically related to parents and this process often gives good results and it definitely worth to try.

Author: Knarik Margaryan, Coordinator of Pons Medical Group

Postponed Parenthood

Nowadays, people want to make a good career, to have a good job and to be independent, both economically and socially. While being busy with their education and future career, unfortunately they put off marriage and then putt off childbearing.

Parenthood or career?

Today Postponed Parenthood has become one of the big problems people come across with. Researches confirm that there are nine times as many first births to women 35 and older than there were in past and the rate of first births to women in their 40s continues to grow. In 2012, among younger women – those under 30, and particularly, those under 20 years old- first births have actually declined.

Age and fertility

If you are healthy now, it does not mean that in future your health will be the same. Getting older can bring on health problems as our bodies change and you are more likely to have a difficult pregnancy. After 34, your chances of getting pregnant spontaneously without the help of reproductive endocrinology or fertility services, exponentially decline. Because with age the quality of egg and sperm becomes worse.

Men fertility does change with age. Age also changes sperm motility and affects the genetic quality of male sperm, which may cause decreased fertility and increase risk of some births defects. As for women, the age related loss of female fertility happens because both the quality and quantity of eggs gradually decline. As a woman gets older, more and more her eggs have either too few or too chromosomes. Most embryos with too many or too few chromosomes do not result in pregnancy and higher chance of miscarriage in older women.

Consequences of Postponed Parenthood

Men, and not only women, need to be aware of the ”reproductive consequences” of postponing parenthood.  As studies confirm, children born to older parents, may have developmental, hearing, speech or language problems. Compared to younger women, women more than 35 are at increased risk of miscarriage, ectopic pregnancies (where the fertilized egg implants outside the womb), diabetes, high blood pressure, placental abnormalities, multiple births and C-section deliveries.

Solution

The solution for Postponed Parenthood could be sperm/eggs storage in young age and then using it in future via IVF procedures. Egg freezing, sperm freezing and embryo freezing are important options for preserving fertility in patients postponing pregnancy for personal or medical reasons. Egg freezing, also known as mature oocyte cryopreservation, is a method used to preserve reproductive potential in women. Eggs are  harvested from your ovaries, frozen unfertilized and stored for later use. A frozen egg can be thawed, combined with sperm in a lab and implanted in your uterus (in vitro fertilization). Egg freezing/ sperm freezing might be an option if you are not ready to become parent now but want to try to ensure your ability to be a parent or have a biological child in the future.

So, it is better to prevent this problem and to have genetically your own child, then to make surrogacy or egg donation in future like the only way of treatment and having babies. And of course you should know, that egg donation, it may cost a lot in future, as infertility increases year by year and it will be more difficult and more expensive to use it.

We are ready to help!

Your solution for infertility may be surrogacy overseas, in this case our company “Pons Medical Research” in Georgia, which provides genetic and reproductive medical services to couples with serious infertility and medical problems. Our company can provide you with egg donor bank and surrogacy program. Our egg donors voluntarily agree to donate their oocytes for couples who may need it.  The donor oocytes from our Egg Donor Bank may be both frozen or received in the fresh cycle. In the most cases, we will use the second option. Because of high demand we constantly preparing donors for new programs, so your donor will be prepared especially for your program.

So, if you are thinking about Postponed Parenthood, do not wait more and do not hesitate, feel free to contact us for anytime, we will be glad to help you to fulfill your dream of becoming parents.

Author: Knarik Margaryan, Coordinator of Pons Medical Group

Postponed Parenthood
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