Sunday 8 May 2016

Changes to surrogacy laws

In December 2015 the Federal Parliament passed the Family Law Amendment (Arbitration and Other Measures) Rule 2015.  These amendments to the Family Law Act are in part in relation to how the Family Court is determine surrogacy proceedings, and in particular the evidence that is required to presented to the Court in such proceedings.

The amendments provide that evidence is to be adduced to the Court from the applicants as their personal circumstances, from the birth mother as to her personal circumstance and in particular whether she provided informed consent and whether she received counselling and legal advice and evidence is also required in relation to the identity of the child including in relation to citizenship. A copy of any surrogacy agreement is also to be presented.

It is also necessary for evidence as to the relevant law in the child's country of birth to be provided to the Court. 

5 comments:

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