The open arms of the Assisted Reproductive Treatment Act 2008
The laws in Victoria, Australia regulating Surrogacy and In Vitro Fertilisation (IVF) have
become more inclusive with the passage of the new Assisted Reproductive Treatment Act 2008. The
Act became effective in January 2010 and has removed relationship status, sexual orientation and even
departure from life as barriers to founding a family. Yes, the Act permits a surviving spouse to use an
egg or sperm from a deceased spouse to have a baby so long as the departed spouse consented in
writing.
The laws that existed in Victoria before the Act were considerably more restrictive. Prior to the
new laws a surrogate had to be fertile; a requirement that made it extremely difficult to find a child-
bearer. Also under the old laws, surrogacy and IVF were only available to married or de facto couples
that were heterosexual. Therefore the old laws operated to the exclusion of lesbians and single women.
Not surprisingly, the restrictive nature of the old laws forced many Victorians to journey to Canberra
and other places out of state to have babies.
Under the new laws more Victorians have been empowered to have babies while remaining
home. The arms of the laws regulating surrogacy and IVF have opened up, but there remain a few
noteworthy restrictions. Presently, surrogate's are required to be 25 years or older and to have
previously given birth. Also, couples have to show that they are unlikely to become pregnant, carry a
baby or give birth to a baby; in the alternative, couples can show that pregnancy would create danger
for the child-bearer or baby.
If you want to have a child through surrogacy, the labor to have a child does not begin in a
hospital room. It begins with navigating through a complex process that involves a patient panel
review, receiving counseling and legal advise, the tender of written reports, criminal record checks, and
child protection order checks. Fiction Family Law firm is here to assist you with questions you may
have about the process and to provide you with any legal advice that you need about surrogacy and
IVF.