Surrogacy for Gay Men

Dad with Baby Girl 300x200.Surrogacy refers to an arrangement whereby a woman (the surrogate) agrees to conceive, carry and birth a child for others (the commissioning or intended parent/s) to raise. A surrogate can assist either gay couples or single gay men in their attempt to become parents.

There are two main types of surrogacy: traditional and gestational.

  • Traditional surrogacy: in this case the surrogate provides her own eggs and is therefore genetically related to the child. With traditional surrogacy the surrogate can achieve a pregnancy either through Intra-Uterine Insemination (IUI) or In Vitro Fertilisation (IVF) with sperm from the intended gay parent(s) or from a sperm donor.
  • Gestational surrogacy:  in this case the surrogate has no genetic link to the baby. Through the process of IVF, the egg (from a separate egg donor) is fertilised in the lab with sperm from the intended gay parent(s) or from a sperm donor, and the embryo created is then placed into the uterus of the gestational surrogate in order to achieve a pregnancy.

The egg donor can be a known donor or a clinic-recruited donor (unknown donor). Gay men or couples who are considering gestational surrogacy will have to determine which type of egg donor is right for them. For more information visit our page Using an Egg Donor

Compulsory Requirements in Surrogacy Arrangements

Surrogacy is a highly complex process. There are some important steps to follow to ensure that all parties involved make an informed decision. These include extensive counselling, psychological assessment, independent legal advice, consenting process and screenings for donors and surrogate. All of these steps need to be completed before treatment begins.

A surrogacy ethics committee will need to review and approve surrogacy cases before they can begin. The committee is made up of fertility specialists, fertility coordinators, scientists, national managers and counsellors from the clinic. In Victoria, all surrogacy cases will also have to be approved by a Patient Review Panel (http://www.health.vic.gov.au/).

The process of surrogacy generally follows these stages:

  • Medical review by Rainbow Fertility specialist: pre-treatment tests and preparation
  • Surrogacy ethics committee: initial review
  • Counselling
  • Legal consultation: independent legal advice
  • Surrogacy ethics committee: final review
  • Fertility coordinator information session: fertility treatment information and discussion
  • Medical treatment: IVF for egg donor
  • Quarantine period: embryos must be quarantined for six months
  • Medical treatment: Frozen Embryo Transfer for surrogate
  • Pregnancy test for surrogate

For detailed information about these stages visit our page: Steps to Building a Family with us

 

PLEASE NOTE:

  • People wishing to have assisted reproductive treatment in Victoria must undergo a criminal records check and child protection order check. For further information please visit our page Legislative Requirements – Victoria.
  • All treatment procedures are carried out in our RTAC (Reproductive Technology Accreditation Committee) accredited fertility clinics, where gametes (eggs/sperm) and embryos are also stored.

 

Before going ahead with fertility treatment, please consider that each state has different legislation in regard to surrogacy, for example:

  • In Victoria traditional surrogacy is not permitted.
  • In South Australia surrogacy is permitted only for the commissioning parents who are legally married or have lived as de facto husband and wife for the period of three years.

Therefore, we encourage you to refer to your own state Surrogacy Act for more information.

 

Finding a Surrogate

In Australia, surrogacy must be altruistic; commercial surrogacy is illegal.

All Surrogacy Acts prohibit any advertising to be undertaken by the commissioning couple or agent of the commissioning couple for the services of a surrogate. We cannot advertise or assist you directly in the advertising to attract potential surrogates. Commissioning or intended parent(s) must find the surrogate themselves.

To help guide people through the process of finding a surrogate within Australia please refer to the brochure provided by VARTA https://www.varta.org.au/resources/brochure/finding-surrogate. It includes material on: what makes an ideal surrogate, asking someone you know, finding a surrogate you don’t know, and possible questions to ask a potential surrogate. It can be used as a guide to ensure that all parties are informed and prepared and that there’s a positive outcome for all.

 

Costs Involved

The costs will vary between patients depending on their particular case and the level of treatment required. The costs will consist of your lawyer’s fees, clinic’s fees and any cost  your surrogate and egg donor may incur as a direct consequence of entering into the surrogacy arrangement.

If you have any questions regarding treatment fees, Medicare and Private Health rebates, please do not hesitate to contact our friendly patient services team. Call: 1300 222 623 or email: info@rainbowfertility.com.au

For general information about treatment fees, please visit our Treatment Costs page.

 

 

 

 

 

 

At Rainbow Fertility, our specialists have extensive experience in helping create LGBTI families. Feel free to contact our friendly team to learn more about the fertility treatment options available to you.

Call: 1300 222 623
email: info@rainbowfertility.com.au

 

 

Current as at 01.02.2016

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Rainbow Fertility has a responsibility to provide Assisted Reproductive Technology (ART) based on relevant state or federal laws and guidelines. All individuals/couples are encouraged to obtain their own legal advice regarding the relevant legislation applying to their circumstances.