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Surrogacy Melbourne

Surrogacy

For couples or individuals unlikely to become pregnant on their own, a surrogacy arrangement may allow them to have a baby.
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Understanding surrogacy arrangements

For some, the use of a surrogate is the only chance of creating a family.

Surrogacy is a type of assisted reproductive treatment (ART) where a woman – known as the ‘surrogate’ – carries a child in her womb and gives birth on behalf of the intended parent. This is often used when a woman is unable to carry a pregnancy or when a same-sex male or gender-diverse couple wishes to start a family.

As a complex process, surrogacy is monitored closely as there are many medical, legal, financial and emotional considerations that need to be addressed..

At Create Fertility, we make the time to ensure you understand all the requirements and regulations associated with using a surrogate.

Why surrogates are necessary

There are many reasons why the use of a surrogate to help carry and birth a baby may be necessary.
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Women who are unable to conceive, even with other ART treatments

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Women who are unable or for whom it is unsafe to carry a pregnancy or give birth, or when that child is unlikely to survive

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Women with a high risk of passing on genetic conditions

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Women affected by serious illnesses, notably cancer treatments (as these can cause permanent damage)

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Same-sex male or gender-diverse couples

How does it work?

Under Victorian legislation, we can accommodate Gestational Surrogacy. This is where an embryo created from an egg and sperm, either those of the intended parents or from donors, is transferred into the surrogate’s uterus. By doing this, there is no genetic link between the surrogate and the child.

Traditional surrogacy (when the surrogate uses her own eggs, and they are then either fertilised by the intended father or donor sperm) is legal in any Australian state and territory. 

Surrogacy arrangement regulations

All surrogacy arrangements must be approved by the Department of Health.

In Victoria, gestational surrogacy arrangements require that any potential surrogate woman must have given birth to a live-born child before being eligible to be a surrogate. Potential surrogate women must also undertake a medical, including a consultation with an obstetrician to ensure they can carry a pregnancy, medical screening, counselling, legal advice and a consenting process.

Prior to entering an agreement, all parties must meet with one of our fertility specialists to ensure medical suitability is met for treatment.

Additionally, here is a brief overview of the required guidelines that need to be met:

  • age requirements of both the surrogate and the intended parents
  • the surrogate must have at least one living child
  • intended parents will need to be screened
  • both parties have sought independent legal advice
  • the surrogate and their partner, where applicable, have completed their own family
  • all parties are to attend counselling and assessment

Please note, every surrogacy arrangement is unique, thus may be required to meet more guidelines than outlined above. This can be further discussed with our Surrogacy Coordinator during your journey.

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Finding a surrogate mother

Unfortunately, we are not able to help find you a surrogate; however, we can help point you in the right direction, and once you have found one, we can facilitate the process and treatment.

Victorian Legislation prohibits commercial surrogacy arrangements within Australia; this is when surrogacy is undertaken in exchange for payment. Reimbursement for pregnancy-related expenses like medical costs and travel expenses are payable.

Advertising for a surrogate is illegal in Australia, as is advertising to be a surrogate.

While this may appear to greatly narrow down your options, it’s in the best interests of all parties involved due to the nature of the process. Therefore, all surrogates are someone known by the intended parents and may be a family member, friend, or acquaintance.

The surrogacy process

Once you have found your gestational surrogate, please contact us to arrange an appointment with one of our fertility specialists.

  1. The intended parent(s) and surrogate will be referred to a Create Fertility specialist for a medical review.
  2. Following the review, the surrogate will go through a medical assessment conducted by an independent obstetrician.
  3. The Create Fertility Surrogacy Program Committee will then review the referral and reports from the above assessments to ensure the eligibility requirements have been met.
  4. Once deemed eligible, you will have a meeting with our Surrogacy Coordinator to discuss the fees involved.
  5. Next is the initial counselling stage, where separate appointments will be made with the same counsellor to consider and understand the issues and implications associated with surrogacy.
  6. All parties are then to seek independent legal advice.
  7. The second stage of counselling involves separate appointments, providing the opportunity to review and discuss issues raised, as well as clarify any other items.
  8. The third counselling appointment, attended by all parties together, is required to review legal advice, discuss any outstanding issues, and ensure all parties are in agreement to proceed.
  9. Once confirmed to proceed, the Patient Review Panel (PRP) application is submitted, and a hearing date will be set. The PRP provides a written decision to the applicant within 14 days of the hearing.
  10. A final counselling appointment ensures all consents are signed prior to the surrogacy treatment process commencing.
  11. Once all paperwork is completed, a nursing consultation will be arranged which involves going through instructions and education for the treatment cycle.
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Considerations to note before using a surrogate

Creating a family of your own may be your lifelong dream and the happiest moment of your life. However, there are still considerations that need to be taken into account.
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Your partner

If you have a partner, and/or if your surrogate has a partner, it's crucial that they are included in the decision and that all parties understand the process and implications when using a surrogate.

At Create Fertility, we require all parties involved to attend counselling sessions. During this time, you will discuss your reasons for and choice of using a surrogate, and we will ensure you have a clear understanding of the expectations and boundaries this involves.

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Emotional considerations

The fertility journey can be an emotional rollercoaster. It's important to consider how using a surrogate can affect you emotionally, as well as your partner, family, and your surrogate’s partner and family.

Some of these feelings include elation, gratitude, worry, grief, and accomplishment. The mental health and well-being of all parties must be taken into consideration before proceeding.

To finally be able to create a family of your own is a wonderful gift and a lifelong commitment.

Surrogate’s legal responsibilities

According to Victorian legislation, all parties must seek independent legal advice before proceeding.
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Surrogate payments

It's important to note that, in Victoria, being a surrogate mother is an altruistic act, and it is illegal to pay someone to be your surrogate. That being said, reimbursement for some expenses is permissible, and these may include medical expenses, travel and appointments, as well as the ongoing expenses of pregnancy and birth.

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Surrogate approval

Prior to any treatments commencing, all parties (including the intended parents, the surrogate, and the surrogate’s partner, if they have one) must attend counselling sessions.

The surrogate must have given birth to a liveborn child before being eligible. An appointment with one of our obstetricians may be required to ensure a pregnancy can be carried out and discuss any risk factors to take into consideration. They will also be required to have a medical screening test.

Additionally, Victorian surrogacy arrangements require approval from the Victorian Patient Review Panel before a fertility clinic can provide treatment.

Additional information

If you would like more information regarding using an egg donor, please contact our Donor Coordinator on 03 9873 6789 or via email to donation@createfertility.com.au.

The Victorian Government have additional information for those considering surrogacy, and these can be viewed on the Department of Health website via this link.

You can also view more information on the Surrogacy Australia website via this link.

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Need some help conceiving via surrogacy?

Having a baby through surrogacy is a nuanced and highly complex process, from the fertility treatments required to make it happen to the emotional toll it can have. If this is an option you would like to explore, we’re here to answer all of your questions.

The team at Create Fertility can provide individualised care and support to guide you through your surrogacy journey. We understand that each family and situation is different, and we take pride in providing a comprehensive approach to patients undergoing surrogacy treatment. Book an appointment with our helpful team today, and let us be a key part of your journey.

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