A Legal Contract by a Surrogacy Attorney at Dowson Turco Lawyers
Infertility is a common issue, and unfortunately, current state laws are rife with discrimination. These laws continually discriminate against people needing IVF or surrogacy based on their sexuality or relationship status. The discrimination affects LGBT intended parents disproportionately.
Discrimination in State Laws
Nine different sets of laws govern surrogacy in Australia. These laws prohibit paying a surrogate for her services but allow compensation for her incurred costs. The ability to reproduce is a fundamental right, yet for many, access to surrogacy is limited based on sexuality, relationship status, or location. For example, in Western Australia, surrogacy is available to opposite-sex couples, lesbian couples, and single women, but not gay male couples or single men.
The laws have not kept pace with society and remain behind the times. For instance, a lesbian couple might choose a gay male friend as the sperm donor. He will have no obligation to pay child support; however, he may still be able to obtain orders in the family law courts—meaning that couples must choose between taking a risk and using a known donor and going the less-risky route of going through an IVF clinic and accepting sperm from a stranger.
However, even changing laws for the better can have unintended consequences. For example, sometimes children have three parents, but Australian law currently recognises only two. That means that if a lesbian couple uses a known donor to help them have a child, even using a legal contract, one party won’t be named a parent. Cases such as this have happened in NSW and Queensland, where the sperm donor and birth mother – but not the birth mother’s partner – was named on the birth certificate as parents. This law has changed now, allowing the non-birth mother to have recognition as a parent. The problem is that there is still no way to recognise all three parents, even though they may each play an essential role in relation to the child.
Dowson Turco Lawyers – Your Sydney Surrogacy Solicitors
Happily, there is no surrogacy discrimination based on sexuality or relationships status in NSW. However, this form of discrimination continues to be a problem in areas where discriminatory laws do exist as well as right here in NSW by those who behave unlawfully. The desire to become a parent – particularly a biological parent – is common to people of all cultures, backgrounds, and genders. The definition of what constitutes a family is evolving. Unfortunately, there are many situations and circumstances that can act as barriers to an individual or couple’s fulfilment of this dream.
At DTL, we understand that being heterosexual does not make someone a good parent. As we push for sensible change, many individuals and couples can still benefit from the services of a competent Sydney Surrogacy attorney. Our surrogacy lawyers in Sydney include those who have experience, in-depth knowledge, skill, and in most cases – are openly and proudly gay. If you need a surrogacy attorney in Sydney, trust DTL. Our solicitors understand your experiences, struggles, and relationships because they have them, too. We can help you draft a Sydney surrogacy legal contract or assist you with any other advice or legal services you need. Our passion is upholding your rights – contact DTL today.