The Rainbow Families Equality team recently made a submission to the review of the NSW Surrogacy Act 2010 and Status of Children Act 1996. These laws have not kept up with the lived reality of a diverse range of families, especially within our community.

We build our families and arrange our parenting in ways that go beyond the traditional two-parent model.  

A rainbow family may include:

• Lesbian couples who have children with the help of a sperm donor whose identity is unknown or with a known donor (and possibly also their partner) who may have any level of involvement in the child’s life.
• Gay couples who have children together with the help of a surrogate and sometimes an egg donor each of whom may have a role in the child’s life.
• Individuals who are not in a couple relationship and have children together as part of a co-parenting arrangement where the child may live across households.

Not all these families enjoy the certainty and security of legal recognition. In NSW, the current ban on overseas commercial surrogacy prevents legal parentage being transferred from the surrogate (and their partner) to the parents who care for the child. Co-parenting arrangements between more than two parents can’t be recognised on birth certificates.

Lack of legal recognition is a major barrier to families accessing vital services and entitlements. It creates uncertainty and increases the potential for disputes if relationships between the adults break down.  

Our submission builds on ongoing efforts of Rainbow Families to ensure the family diversity is recognised in the laws, policies and processes that impact on our lives. This work includes contributions to the Equality Bill currently before NSW parliament and our  Love Makes A Family report.   

Key recommendations in our submission include:

• Enabling the court to transfer legal parentage from the surrogate mother (and their partner) to the intending parents for children born through overseas commercial surrogacy if it is in the best interests of the child and other safeguards are met.
• The development of a robust surrogacy regulation scheme that would protect and empower surrogate mothers and support the child’s relationships and identity.
• Recognising co-parenting agreements through an administrative scheme to register up to four parents on a child’s birth certificate and the option of symbolic recognition of significant people such as surrogates and donors.
• Ensuring any reforms are reflected in services that are delivered in an inclusive way.
• Legislative amendments that ensure language around parentage is inclusive of all genders

Children shouldn’t be disadvantaged by the way that their family was formed or the relationships between the adults raising them. Reforms that accurately reflect the diversity of families and recognise all families as equally valid would provide certainty and security for families and send a strong message of inclusion to the community.

Written by Justine Field. 

Advocating for Legislative Change to Surrogacy Laws in Australia

Follow us @allkidsareeqaul_au

21 March 2024

GDWA with members of Surrogacy WA, had the honour of meeting the Western Australia Premier, Roger Cook, with Peter Foster MLC.

The Premier listened attentively to our stories and shared his compassion and determination to enable Australians to have Australian children on Australian soil. He talked about the importance of families and community and his commitment to make legislative change for WA families.

It was an honour to have had this opportunity with the Premier and we, like so many other WA families, look forward to seeing the new laws that will impact future families and create protections for children born through surrogacy.

By Paul Hadfield via LinkedIn.

"Becoming a father is the most rewarding thing I have ever done. It changed my perspective on many things, including how I perceived career and work. I became a father via a wonderful American surrogacy birth in 2021, in the middle of Covid. America was one of the few options we had, as there is no provision for men to have children via surrogacy in Western Australia (WA). Since becoming a proud father, I have advocated for WA legislative reforms. Part of this advocacy was to raise awareness and acceptance of Gay Dads WA which now has over 300 members of current dads and intended dads. Also advocating for change through newspapers, radio, TV, social media, and meeting with WA Members of Parliament, have all been ways of raising awareness for legislative reform.

Today I had the honour of meeting the Western Australia Premier, Roger Cook. Together with my partner and several other families that have been involved in surrogacy, we had the opportunity to share our stories with the Premier and advocate for change. Along with Hon. Peter Foster MLC, we had a husband and wife that had twins via surrogacy in the Ukraine because it is too challenging a process in WA, a WA woman that approached a gay couple to be a surrogate for them resulting in them having to move state due to the local legislation, and an intended father who is ready to begin his journey but waiting for the laws to change. My family's story is one where a cancer scare could have potentially resulted in our daughter going into the care system because my partner is not legally recognised under WA law, potentially losing not one parent but two.

The Premier listened attentively to our stories and shared his compassion and determination to enable Australians to have Australian children on Australian soil. He talked about the importance of families and community and his commitment to make legislative change for WA families.

It was an honour to have had this opportunity with the Premier and we, like so many other WA families, look forward to seeing the new laws that will impact future families and create protections for children born through surrogacy."

ALL KIDS ARE EQUAL CAMPAIGN OPPOSES POPE’S SURROGACY BAN, ADVOCATES FOR AUSTRALIAN REFORM

The All Kids Are Equal (AKAE) Campaign, a steadfast advocacy group dedicated to ensuring equal rights  and opportunities for all children, regardless of their mode of conception or birth, strongly opposes the recent call by Pope Francis for a global ban on surrogacy.

The advocacy group emphasises the need for legislative changes in Australia, challenging both the Pope’s stance and the country’s current surrogacy laws.

“Surrogacy is a choice made by informed, consenting adults. Surrogacy, when approached with transparency and ethical guidelines, can be a positive and empowering experience for all parties involved,“ said Ashley Scott, spokesperson from AKAE.

"We need to move beyond stereotypes and challenge the notion that surrogacy inherently exploits women. The reality is that surrogacy, when conducted ethically, is a compassionate choice for families facing challenges in starting a family. It's about understanding, respecting, and supporting the choices of women who choose to become surrogates."

Instead of a global ban, the AKAE group calls for informed regulation that protects the rights of surrogates and ensures the best interests of the child.

“We acknowledge the challenges faced by intended parents seeking surrogacy overseas highlighting the urgent need for a federal framework for regulated, compensated surrogacy in Australia. This would give families viable options within their own country, supporting and protecting all parties involved and safeguarding the interests and rights of the child.”

We call on the Australian Government, and other respective state and territory governments, to consider the diverse needs of families and children, and to work towards creating legislation that reflects the evolving nature of family dynamics in our society.

ABOUT ALL KIDS ARE EQUAL CAMPAIGN

The All Kids Are Equal (AKAE) Campaign is a dedicated advocacy group committed to ensuring that all children have equal rights and opportunities, regardless of their mode of conception or birth. Our mission is to promote inclusive policies, educate the public, and advocate for the rights of children born through surrogacy, donor conception, or any other means.

The issues addressed by the AKAE Campaign have far-reaching implications, touching the lives of a wide spectrum of diverse families. These families include heterosexual couples, single parents, LGBTQ+ couples, and individuals of various backgrounds. Our commitment to advocating for children's rights encompasses all these diverse family structures, ensuring that no child is disadvantaged due to the circumstances of their conception or birth.

FOR MEDIA ENQUIRIES OR CASE STUDIES, CONTACT ANNA MINCHAM - 0407 206 965.

Anna McKie - Surrogate/IP Support Manager at Surrogacy Australia and surrogate for a couple; featured below.

All Kids Are Equal Campaign Applauds the ACT as Pioneer in Surrogacy Law Reform,

Calls on Other States and Territories to Follow Suit.

The All Kids Are Equal Campaign, an advocate for the rights and well-being of children born through assisted reproductive technologies, surrogacy, or any other means, enthusiastically welcomes the Australian Capital Territory (ACT) Government's historic amendments to the Parentage Act 2004.
These groundbreaking changes represent a remarkable step towards recognising and protecting children's rights and welfare, while also setting a strong precedent for other states and territories to follow.

“At the heart of the Bill introduced today, is the principle that all children deserve equal recognition, protection, and access to their legal rights, regardless of the circumstances of their birth. It encompasses provisions to reduce barriers to altruistic surrogacy, strengthen safeguards for all parties involved, and crucially, address the pressing issue of children born through commercial surrogacy overseas,” Ashley Scott, spokesperson from the All Kids Are Equal Campaign said.

The Bill ensures that all parties involved in surrogacy are treated fairly and protected and acknowledges that the pressing disadvantage faced by children born through commercial surrogacy
arrangements cannot be ignored. The Bill provides a framework that allows for parentage orders in cases where the court determines it is in the best interests of the child and alleviates their disadvantage.

"While there is still progress to be made to ensure that children who are born through international commercial surrogacy arrangements have their rights safeguarded, the ACT's amendments mark a significant step towards greater inclusivity and protection for all children in all surrogacy situations."
The All Kids Are Equal Campaign applauds the ACT Government's pioneering efforts in ushering in this important reform, affirming it as a significant leap forward for children's rights and equality, but more needs to be done.

“We appreciate the significant progress made with these amendments. However, we must stress that there is still much more to accomplish on the path to full equality and justice for all children. It is crucial that we continue our collaborative efforts to bring about further reforms and ensure that no child is left behind."

“We call on the Federal Government and other states and territories to follow the ACT's lead, prioritise children's rights, and create a fair and inclusive society.”

About the All Kids Are Equal Campaign:
The All Kids Are Equal Campaign is a dedicated advocacy group committed to ensuring that all children have equal rights and opportunities, regardless of their mode of conception or birth. Our mission is to promote inclusive policies, educate the public, and advocate for the rights of children
born through surrogacy, donor conception, or any other means.

The issues addressed by the All Kids Are Equal Campaign have far-reaching implications, touching the lives of a wide spectrum of diverse families. These families include heterosexual couples, single parents, LGBTQ+ couples, and individuals of various backgrounds. Our commitment to advocating for children's rights encompasses all these diverse family structures, ensuring that no child is disadvantaged due to the circumstances of their conception or birth.

FOR MEDIA ENQUIRIES OR CASE STUDIES, CONTACT ANNA MINCHAM - 0407 206
965.

You can read the full submission here.