Potential parents seeking a surrogate face long wait for new South Australian laws

POTENTIAL parents hoping to have a child through a surrogate face waiting until the end of the year for new laws to be put to Parliament to make their dream possible.

• New surrogacy laws set for Parliament
• Would-be mothers look overseas as wait continues for local register
• Push to give single women access to surrogacy in South Australia

POTENTIAL parents hoping to have a child through a surrogate face waiting until the end of the year for new laws to be put to Parliament to make their dream possible.

Legislation making unpaid surrogacy easier in South Australia was passed almost three years ago but necessary regulations were never put in place to allow couples to make use of the new arrangements.

The South Australian Law Reform Institute is reviewing how those regulations can be completed but it is not expected to report to the State Government until November 30.

A spokesman for Attorney-General Vickie Chapman said she would consider changes to the Family Relationships Act in the meantime but would wait for the report before finalising any new legislation.

It is understood she expects the report may be delivered earlier and will act sooner if so.

Ms Chapman has described surrogacy as “an area of great interest to many South Australians — especially those who, through no fault of their own, are unable to have a child”.

Liberal MLC John Dawkins Attorney-General Vickie Chapman.

MPs will have a conscience vote on the issue.

Liberal MP John Dawkins, a long-time advocate of surrogacy, has warned that women’s “biological clock is ticking” while they wait for clarity on the law.

“Let us hope that … we do not see another Christmas with this in limbo land for people who just want to access something that is part of South Australian law,” Mr Dawkins said.

“The delays for those who wish to access surrogacy have been very long and very frustrating.

“There are a lot of women who want to access that because their biological clock is ticking. The people who have delayed this for so long should take note of that.”

The current law requires the Government to establish a register of potential local surrogates who could be matched with prospective parents, and to draw up a framework covering who could access the register, medical criteria for potential surrogates and rules about advertising and international surrogacy arrangements as a last resort.

However, the former Labor government was unable to draw up regulations to put the register or framework in place.

The law allows for altruistic surrogacy but not commercial, or paid, arrangements.

Parents who commission a surrogate would be able to reimburse the woman for medical, legal and other costs and would be required to ensure she received counselling if needed.

Married, de facto or same-sex couples are eligible if they have been together for at least three years and are infertile or at risk of passing on a serious disease or condition to a baby.

Surrogacy is also an option if it would be dangerous for a woman to carry a child.