find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Real Estate & Projects Lawyer (6+ years PAE)
Category: Property Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Top tier firm with offices nationally · High profile clients
View details
WA's first surrogacy approved

WA's first surrogacy approved

The WA Reproductive Technology Council (RTC) has approved Western Australia's first surrogacy arrangement under the Surrogacy Act 2008, which came into effect in March last year.The new…

The WA Reproductive Technology Council (RTC) has approved Western Australia's first surrogacy arrangement under the Surrogacy Act 2008, which came into effect in March last year.

The new legislation made it legal for eligible parties to enter into non-commercial surrogacy agreements (known under the legislation as 'surrogacy arrangements'). However, the surrogacy arrangement must meet strict requirements before approval is made.

Parties to the agreement are required to undertake comprehensive assessments with medical practitioners, counsellors and clinical psychologists before the agreement is submitted. There is also a "cooling off period" of three months upon completion of the assessments and each party to the agreement must have legal advice.

The new legislation also allows the commissioning parents of a child born of an approved surrogacy arrangement to make an application to have their names on the child's birth certificate. Under the Act, commissioning parents would be recognised at law as parents of the child, although the child is born to a surrogate.

WA's first surrogacy arrangement was drafted by Talbot Olivier's family law principal, Kym Kerr, who expects more surrogacy arrangements to be submitted for approval over the coming months.

Kerr noted that news of the first approved agreement would be bittersweet for some.

"I have had several clients over the years, prior to surrogacy becoming legal in Western Australia, who have travelled overseas to enter into both commercial and altruistic surrogacy arrangements," she said. "There are mothers in Western Australia who are biologically the parents to children born of a surrogate but the surrogate is named as the mother on the child's birth certificate because she gave birth to the child."

Kerr said while the Family Court can make orders relating to the parenting of these children, it is distressing to the biological mothers of children born to surrogates before the legislation, as they are usually not legally recognised as their child's mother.

"This may be a topic for further discussion and consideration in our community and by our government."

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

WA's first surrogacy approved
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Scales of Justice, Victorian County Court, retiring judges
Aug 21 2017
Replacements named for retired Vic judges
Two new judicial officers have been appointed in the Victorian County Court, following the retire...
Applauds
Aug 21 2017
LCA applauds proposed Modern Slavery Act
The Law Council of Australia has welcomed new recommendations for the development of a Modern Slaver...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...