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International surrogacy for Australia

Protection of children’s rights is a priority of the relevant department. Australia’s obligations extend to international treaties such as the UN Convention on the Rights of the Child and the Hague Convention on the Protection of Children. The department therefore takes a careful look at surrogacy arrangements made outside of Australia to ensure compliance with domestic and international laws. International surrogacy is a surrogacy agreement in which the surrogate mother lives abroad. Commercial and altruistic surrogacy are divided. Altruistic surrogacy is legal throughout Australia, it means that the surrogate mother can only be compensated for expenses related to pregnancy and childbirth. In commercial surrogacy, the surrogate will be compensated for participating in the process, but this is prohibited in Australia. And in some Australian states and territories, international commercial surrogacy arrangements are an offence. With international surrogacy, it is absolutely necessary to sign a surrogacy contract concluded before the conception of the child. It must contain the personal data of the surrogate mother, her informed consent to surrogacy, a description of the procedures performed by the surrogate mother and the intended parents, and describe the source of the genetic material for the creation of the embryo. This contract must be signed by the surrogate mother, the intended parents, the surrogacy clinic, and an independent witness. He must refer to the surrogacy laws of the country where it is taking place. After birth, the child can obtain Australian citizenship by birth, for this the intended parents and surrogate mother must submit appropriate applications and consents, certified copies of personal documents and contracts, medical documents confirming the creation and transfer of the embryo. After that, the child receives a passport for entry and permanent stay in Australia.

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