Surrogacy in Germany

Germany’s health care system is known as one of the best in the whole world. Many people from abroad come to Germany for treatment or surgery, seeking for the highest-qualified specialists in a certain area. Unfortunately, such kind of infertility treatment as surrogacy and IVF with egg-donation is still unavailable in this country, most of all because of ethical issues and strict position of the government on this issue.   

Embryo as a subject of Law

It’s interesting to know, that according to German law embryos are protected under the three fundamental rights of human beings: protection of human dignity, free development of personality and right to life. The Embryo protection Act, dated 13.12.1990, indicates this in its main provisions.

For example, it is punishable up to three years of imprisonment for usage of donor eggs, for transferring more than three embryos at once to the future mother’s uterus, for fertilization of more woman’s eggs than can be transmitted within a cycle and, of course, surrogacy is banned. Moreover, under the par. 3, 3a of this Act, whoever undertakes to make a PGD or a sex-selection of the future baby for any other reasons than medical will be punished with imprisonment of up to one year or a fine.

Egg and sperm donation in Germany

It is curious how strict is the legal system to egg donation and surrogacy in such a developed country as Germany. Infertile women are totally out of the protection of the government there, as they can use neither egg donor nor a surrogate mother. On the contrary, there is no any explanation why sperm donation is allowed. According to the new sperm Donation law in Germany, from the 1 of July 2018 all information about the sperm donor will be included in the specific register, where upon attaining the age of 16 years old any child born via ART technology can obtain the information about his genetic father (sperm donor). However, it doesn’t give any parental rights to the sperm donor, it just gives the person born via ART right to know its origin.

Surrogacy overseas

Some couples face the problem, that IVF even with sperm donation doesn’t help them to achieve the pregnancy. This forces them to choose other options for their treatment like egg-donation and surrogacy abroad. If you are ready to start your surrogacy journey abroad, draw your attention to the following items.

Above all, even if your surrogacy program will be performed overseas, take into consideration, that in the end you will come back to Germany with your baby and it can cause some legal difficulties with the Embassy process. That’s why we suggest you to pay attention to some details from the very beginning of the process.

Two mothers, one baby

First of all, when choosing your surrogate mother pay attention to her marital status. Why is it necessary?

Even if you get the certificate of birth of the baby in a foreign country where you are written as legal parents of the baby (legal mother and legal father), German Embassy will not recognise this certificate of birth and you will need to establish your paternity rights one more time in the Embassy according to the German law.

Under the German law, the mother of a baby is always a woman who delivers the baby, regardless of the baby’s genetic link to his biological (genetic, intended) mother, and the father of the baby is always a legal husband of a woman, who gave birth.

In that regard, we strongly recommend you to find a single surrogate mother for your surrogacy case abroad.

In the German Embassy, the genetic mother will have no rights to the baby at all and, consequently, cannot transfer her nationality to the baby. If your surrogate mother is single, it will be possible to acknowledge paternity of a biological (genetic, intended) father in the Embassy according to the specific procedure.

Otherwise, if you already have a surrogate mother, who is married, you will need to get the nationality and the passport of a baby in the country, where the baby is born (for example, it is possible in Georgia), take it to Germany and after some time of living there, the child will have a possibility to get German citizenship according to its domicile.

Who is the father?

As we already mentioned before, the biological (genetic, intended) father needs to acknowledge his paternity in front of the German Consul. There is a specific statement that can be done in the Embassy in two different ways: before or after the baby’s birth.

In the first case, the Intended Father who has the genetic link to the baby has to legally recognize the child in the Consulate, while the Surrogate Mother is pregnant, with the consent of the Surrogate. This recognition needs to be publicly certified (usually via Information Sheets on the Websites of the German Embassy/Consulate). Once the child is legally recognized by an Intended Father who is a German citizen, the (unborn) child automatically acquires German citizenship.

In the second case, Intended Father is doing the same, but after the birth and also with the personal presence of the Surrogate Mother in the German Consulate (for making her consent). In both cases it must be clear that the Surrogate Mother decided voluntarily to carry out the child and to give custody and all parental rights to the Intended Father. No hearing is necessary to prove that, a declaration suffices.

Paper work

The Intended Parents should be ready to give the following list of documentation (with translation and apostilisation if necessary) to the Embassy for acknowledgement of the paternity rights:

  • Passport or identity card of the Intended father
  • Passport or identity card of the Surrogate mother
  • Proof of legal presence and address in the country where surrogacy was performed;
  • birth certificate of the child (translated and apostilled)
  • birth certificate from the hospital
  • For prenatal paternity recognition: evidence of pregnancy, the calculated date of birth and sex [if determined] should be apparent) etc.

After the paternity acknowledgement and establishment of the baby’s nationality, Intended Parents will need to get the passport of a baby to travel home through the border.

Before it was a big problem to get the baby’s passport for German couples, but situation became a little bit better after the Germany’s Supreme Court ruled that the government must recognize the children born via surrogacy in other countries as the legal offspring of German intended parents.

In its ruling the high court stated that German authorities must respect the decisions of foreign authorities in regard to the parental rights of German intended parents even though surrogacy is not legal in Germany.

We want to encourage our future parents, that in case that they choose us as their surrogacy provider in Georgia, we will help them with any legal difficulties they may face after the baby’s birth. It is worth pointing out that even in the event of a change in the German law that makes obtaining the German citizenship of the baby more difficult, it will be possible to get the Georgian citizenship and passport for a baby born via surrogacy. The procedure is straightforward and takes not more than three weeks.

We wish all German families to fulfill their dreams!

Don’t hesitate to contact us if any questions occur.

Author: Sukhanova Anna, legal adviser of Pons Medical Group

Surrogacy in Norway

The number of infertile couples in Norway is visibly growing from year to year. The clearest evidence to this was the statistic provided by the state statistics bureau SSB (Statistics Norway) that declared the decline of the women’s fertility rate from 1.71 children per woman in 2016 to 1.62 in 2017 and the decline in the men’s fertility rate from 1.53 to 1.46 children per man during the same years. The report for 2018 year will be updated on the 7 of March 2019, hopefully with more satisfactory numbers.

Is surrogacy legal in Norway?

Regrettably, the IVF procedures that are allowed in Norway not always help childless couples to get the happiness of parenthood. The Norwegian ban on egg donation means that the surrogate motherhood, when fertilized eggs are used from another woman than the one who deliver the baby, cannot be carried out in Norway. This follows from the Law of 5 December 2003 no.100  (Biotechnology Act). Because of that the number of medical referrals to IVF clinics and agencies who work with surrogacy abroad, has rapidly increased lately.

However, surrogacy overseas is still controversial for Norwegians thanks to complicated legal regulations for surrogacy in foreign countries and quite long Embassy process after the baby’s birth.

Who are the parents?

There are no specific rules in Norwegian law about the parenthood and filiation in case of surrogacy abroad. It means that the general rules of establishing maternity, paternity and adoption will be applied to children born by surrogate mother overseas. Nevertheless, there are some specific issues in surrogacy cases to focus on.

According to Norwegian nationality law regardless of the place of birth, a child acquires Norwegian citizenship at birth if either parent is a Norwegian citizen.

Take into consideration that Norwegian authorities do not recognize civil documents issued by another country in case that such recognition would be contrary to mandatory laws or be offensive to the legal order (this rule works in case of surrogacy and is written in the Dispute Act, section 19-16).

In that regard, please, bear in mind that even if you get the birth certificate of a baby, where you appear as legal parents of the child at the end of your surrogacy program overseas, you have to be ready to establish your paternity rights in the Embassy of Norway one more time.

Mother of the baby

Under the Children Act, section 2, chapter 2 the woman who has given birth to the child is regarded as the mother of the child. In case of surrogacy it is always a surrogate mother, regardless of baby’s genetic link to the Intended Mother.

After returning home, the Intended Mother will need to adopt her baby in Norway. The adoption process can be started only after the 2-month age of the baby.

Father of the baby

When surrogate mother is unmarried, paternity of the genetic father can be recognized according to the section 4 of the Children’s Act. Paternity in this case is recognized by the Norwegian Foreign Service mission (Embassy) and usually requires personal attendance of the parties and the written statement from both the genetic father (about the acknowledgment of the baby) and the surrogate mother (about her acceptance of this fact).

If the woman who gives birth to the child is married and the birth follows the father est rule (i.e. the surrogate mother’s husband is considered a father), the paternity must be transferred from her husband to the Norwegian man.

According to Section 7 of the Children’s Act, paternity can be changed if another man acknowledges the paternity, and the recognition is accepted by the child’s mother and former father. In addition, NAV (the Labour and Welfare Administration) must make an assessment if they “find it credible” that the other man is the child’s father. NAV routinely imposes DNA analysis in these cases.

The DNA test is sent to the Norwegian Institute of Public Health in Norway for analysis and it  takes approximately 3 weeks to get results in case if DNA test is needed.

Who is responsible?

In cases when the child is born by a surrogate mother abroad, the biological father of the child must, according to the Norwegian law, contact the National Population Register  (Folkeregisteret) for registration of his sole parental responsibility as long as this has been stipulated (must be stipulated) in an agreement. If there is uncertainty regarding the content of the agreement, the National Population Register must obtain necessary documents about the case, including court decision, authority decision and surrogacy contract.

Once the genetic father has gotten the parental responsibility of the baby, it is time to apply for a national ID number (personnummer). It can be obtained via the Embassy, which will send all necessary documentation to the Norwegian Tax authorities.

How long does it take?

It is not possible to apply for the National ID number and the passport at the same time. This is because all Norwegian citizens must have registered their personal identification number in the National Register before applying for a passport. According to the information from the Norwegian Embassy the process of the ID number obtaining takes approximately 6 weeks.

After the paternity rights are established and the ID number of your baby is obtained, the last step is to get the baby’s passport. Common passports are produced in Norway, and it will take about 2-3 weeks before the passport is ready for collection at the Embassy.

As a conclusion, we can assume that the Embassy process in case of surrogacy overseas for Norwegians will take approximately 3 months after the baby’s birth. The continuation of this process (adoption of the baby by the Intended Mother in the Barne-, ungdoms- og familieetaten) will take place in Norway.

That’s why our company strongly recommends you to get a professional legal consultation before you are going to use surrogacy services abroad.

We wish you good luck in your surrogacy journey and want to remind you that the child’s interests are always the highest priority of every government no matter how difficult the legal process for establishing your parental rights is.

In the end any regret will vanish and you will enjoy the biggest gift of your life.

Please, don’t hesitate to contact us if you have any other questions about Surrogacy in Norway.

Author: Sukhanova Anna, legal adviser of Pons Medical Group

Surrogacy in Spain

Spain is one of the most incredible countries in the World with lovely people and wonderful patisseries, beautiful architecture, impressive nature and high-quality life standards. Unfortunately, when we are talking about surrogacy, the picture is not so good. In our experience Embassies of Spain all over the World are the most ”picky” related to cases where surrogacy relationships occur. And it has its own reasons.

Legal basis for Surrogacy in Spain

Surrogacy is not allowed in Spain. Despite the fact that such kind of activity in Spain is not regulated and it is not possible to obtain a legal license even for agencies to provide such kind of services in the country, surrogacy has already became a part of reality of many Spanish families. However, the desire to become parents leads these couples to Ukraine or Georgia, where surrogacy is allowed and doesn’t cost so much as in USA. On the other side, when the baby is born, parents get the birth certificate of the baby in the country where the surrogacy program and/or delivery was performed. Usually, they are already written in the birth certificate as legal parents, but it doesn’t help a lot in cases of surrogacy with Spanish couples, as the country of surrogacy program (Georgia or Ukraine) doesn’t give the nationality for such baby automatically, leaving it in some kind of “legal limbo” until the parents go to the Embassy of their country of origin for obtaining citizenship and therefore passport for a baby to travel home.

Citizenship via option

According to the Spanish legislation about nationality and citizenship, a baby born outside of Spain, who have at least one parent (Mother or Father) with Spanish nationality (that have Spanish passport), can apply for Spanish citizenship via the Embassy.

Applying to Spanish government for Spanish citizenship for a baby, parents automatically put themselves into the field of legal relationships that fell into the scope of Spanish substantive law. It means that from the moment you enter the Spanish Embassy you are under the regulation of Spanish civil, family and reproduction law. From this part legal difficulties appear.

The filiation of the surrogacy babies

According to par.4 art.9 chapter IV of the Preliminary title of the Civil Code of Spain, if it is not possible to establish the filiation of the child or if the child lacks habitual residence and nationality (exactly surrogacy case, when newborn child doesn’t have any citizenship, residence or nationality yet), the Spanish substantive law will be applied. Article 10 of the Law 14/2006, of May 26, on techniques of assisted human reproduction specifies that the contract for which the pregnancy is agreed (surrogacy contract), with or without a price, by a woman who renounces maternal filiation in favor of the contractor or a third party shall be null and void. The filiation of the children born by gestation by substitution will be determined by birth. The possible action for claiming paternity with respect to the biological father is preserved, in accordance with the general rules.

Position of Spanish government

The position of Spanish government in surrogacy cases is very clear, as it is written in official recommendations of Ministry of Justice of Spain, “In no case will be accepted as a suitable title for the registration of the birth and filiation of the birth, a foreign registration certificate or the simple declaration, accompanied by a medical certificate regarding the birth of the child that does not show the identity of the pregnant mother”. It is possible to use court decision in some cases, and in other cases the Spanish government wants to be sure that there were no violation of surrogate’s rights by the legal system of the country where surrogacy was performed.

Since Spain recognizes the mother as a woman who carries and delivers the baby, the Embassy requests a medical certificate of birth from Maternity House, where delivery was performed to get proofs that the legal mother (according to the legal birth certificate), has delivered the baby in reality. In Ukraine and in Georgia in the medical certificate of birth is always written the surrogate mother, as the medical institutions in these countries are not responsible for legal part of the process. The registration of a baby is performed here in judicial bodies (Civil registrar office of the Ministry of Justice), not in Maternity House. On the contrary, in Belarus, the genetic (Legal, Intended) Mother appears in both documents medical and legal certificate of birth. Another thing is that Spain doesn’t recognize any of these documents in any case, as it was given according to rules different than their own.

Problems is the end

So, in the end of the surrogacy process, parents face the problem, when their baby doesn’t have citizenship and passport of any country. Consequently, they cannot travel home until this problem is solved. On the other hand, the Spanish Embassy requests: 1) recognition of the parenting rights from the genetic (legal) father and 2) abandonment papers from surrogate mother, although it has been already done in the “surrogacy” country before the signature of the surrogacy contract in the Notary or after the baby’s birth, 3) completely disregarding at the same time the genetic mother of the baby, regardless if it was program with egg-donation or not, as she didn’t deliver the baby. All this makes the parent’s impression of the surrogacy process poisoned and duration of their stay abroad much longer.

The Spanish Embassy accepts only such kind of legal birth certificates where the surrogate mother is written as the legal mother, genetic father is written as the legal father and genetic mother is written…nowhere. After the family come back home, to Spain, genetic mother will need to adopt her own baby. For some strange reason, the Spanish government prefers to get a legal certificate of birth without mother at all, than to get one where the genetic mother appears.

This statement comes from “protecting of the rights of the child”, stipulated in the Article 7, of the Convention on the Rights of the Child of November 20, 1989, where it is written, that the child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and as far as possible, the right to know and be cared for by his or her parents. The problem is, that this child will for sure know his or her real (genetic) parents, as they are already a family, and this child is not lost, moreover he is already registered in another country.

Wonderful Spain

In all this process, Spain as a country put itself in the position that doesn’t recognize the legal documents of another country that is quite strange for a Member of the Convention abolishing the requirements of legalization for foreign public documents, Concluded 5 October 1961 in Hague. From one side, such surrogacy countries as Ukraine or Georgia don’t have any mutual agreement with Spain about mutual recognition of birth certificates and other civil documents. From the other side, all of these countries are members of Hague Convention 1961, which stipulates simplified regime of recognition of documentation in general, including birth certificates, marriage certificates or court decisions, they just need to be apostilised. So, the question is: why Spain recognize documentation in another fields of life (driver license, marriage or education documents), but doesn’t recognize it when it comes to surrogacy?

Under general principles of international law, there can be only four regimes of recognition of the documents issued by other countries:

  1. National (when the country recognizes it without any questions and formalities, like they issued these documents by themselves);
  2. Legalization (consular and diplomatic legalization);
  3. Apostilisation (more simple than legalization, just need a stamp of specific form, works for all Member of Hague convention 1961) – Spain, Georgia and Ukraine are Members of this Convention;
  4. Special regime – even a more liberal regime according to mutual agreements between countries.

Consequently, any other claims or demands of any country in the World relating to the non-recognition of the documents, especially when it comes to ones that prove relationships inside the family, between children and parents, are not only illegal or strange, they, first of all, interfere in the internal affairs of another country and second, undermine the prestige of the government that issued such documents.

Fortunately, such countries as Ukraine and Georgia, that allow surrogacy, are always on the side of parents and their children, that’s why it is always possible to get Ukrainian or Georgian citizenship and passport for babies, born via surrogacy on the territory of these countries, if the Embassy denies them.

Pons Medical Group is ready to help you in your surrogacy journey.

Contact us today to get free consultation about your case!

Author: Sukhanova Anna, legal adviser of Pons Medical Group

Surrogacy conflicts: why do they exist?

Surrogacy is not a totally regulated field of Law. There are a lot of gaps in legislation, either in the countries, where surrogacy is allowed or banned. Referring to the surrogacy field, we need to remember that it is quite a young method of infertility treatment, for example gestational surrogacy is used from the end of 20TH century only.

Why legal frameworks of Surrogacy are uncertain?

Why it is not regulated still? Why couples face the problem when their surrogacy babies have unclear legal status and for what your own countries put these babies into “legal limbo”?

To answer these questions we need to understand what Law Regulation is in general. The system of legal rules was created in order to protect the rights and properties of the different actors of a society in which private relations of production developed and as a response to rising inequalities among the population. These inequalities arose first of all because of cultural and economic development of the society, as people had already goods, properties and models of behavior that they wanted to maintain or protect. We should remember, that any legal regulation is always based on the moral foundations of society, because people (creators of rules) always need to be sure what exactly they are going to protect. Morality is a system of principles for a person’s deeply personal attitude to the world from the point of view of his justice. And as long as society has not yet decided whether surrogacy is good or not, a noble goal or women’s exploitation or even a rebellion against God, the legal framework will not come to its balance and will continue to be uncertain.

Moral values battle

Nowadays, we are witnessing some kind of competition between governments, social and healthcare organizations in defence of the preeminence of their own moral values. And we don’t know in reality who will win in the end: will surrogacy be considered as a way of treatment, as we understand it, or will it be considered as violation of human rights? But we do know precisely that infertility problems are rapidly increasing every year and nothing can stop desperate couples who cannot have a baby to seek solutions for achieving the happiness of parenthood. We know for sure, that sometimes Surrogacy motherhood is the only one way for infertile couples to get a baby, and for Surrogate mothers to improve their financial situation.

And if God gives us an opportunity to get two happy families instead of two unhappy, and to help new people to come to our World, why do we need to doubt?

We already accept tissues and cells donation and transplantation of organs in our legal systems. During the surrogacy process, surrogate mother doesn’t lose any part of her body. We use surrogacy just because a human organism cannot be developed in other conditions than in a woman’s womb. Science has not found the way to develop a human being in another way yet. On the other hand, Surrogacy can be a morally tough process for a surrogate mother, as she usually has no legal filial rights to the child she carries. That’s why the compensation for her help is not something terrible, as usually presented in media, but it’s a kind of financial support that Intended Parents are willing to do for the Surrogate mother family for her “carry and delivery in time” services.

Delivery in time

The legal nature of Surrogacy agreement is quite interesting and have elements of a contract to supply services for payment. The Surrogate mother doesn’t sell her body or a child, as the embryo to become the future child is made in laboratory conditions from genetic material of the Intended Parents and sometimes a Donor. The Surrogate mother sells her services of “baby delivery”, the only one thing is that her delivery is not in a distance, but in a time, as she needs to create a certain conditions for baby’s development and take care of him or her during the whole pregnancy until the moment of birth.

Yellow surrogacy journalism

Certain tabloids christened companies working in the Surrogacy field as “baby factories” and Surrogate mothers as “slaves”. We have worked in the surrogacy field for many years and we cannot tell that the Surrogate mothers we work with are very poor or dying of a hunger. They all are contemporary women with their own goals and aspirations and they want to help their children to get better education or life conditions and to help infertile couple to feel the happiness of parenthood. They all have their own children and can always share their love with them after the surrogacy program ends.

Another thing is that we cannot compare a compensation for a Surrogate with a new human’s life creation. We should consider it as a financial support, a help from the Intended Parents or a reasonable compensation for her time and medical care undergone, but not for the baby. A nascent human life is something invaluable by definition.

How much does your child worth to you?

Ask any mother on the Earth, she would never give you the price tag. At the same time, we are very proud that in our daily work we are involved in the most incredible miracle on the Earth – the creation of life.

Legal basis of Children’s rights

The Convention on the Rights of the Child – recognized all over the world-, dated 20th of November, 1989, in par.2 article 2 says: “States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members”. Article 8 of the same Convention prescribes that “States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity”.

Never give up!

Despite this Convention’s existence, the term “surrogacy baby” is still used for some reason, as if it would really have some relevance in what way this baby came to our World. We still are fighting side-by-side with New Parents for their genetically related babies’ rights in the Consulates, as not every government is helpful in issuing the citizenship of the newborn babies who were born via surrogacy. Nevertheless we still believe that the situation will change, it has to change and in the mean time we keep fighting the good fight.

We want to help you to achieve the main dream of your life. Contact us today to know more about the Surrogacy programs of Pons Medical Group or book a consultation with one of our specialists totally free of charge.

Author: Sukhanova Anna, legal adviser of Pons Medical Group

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
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