Criminal checks proposed for potential parents seeking a surrogate in South Australia

Should aspiring parents have their criminal history checked before having a baby via surrogate? Parliament are debating that this week.

• South Australians seeking a surrogate face long wait for new laws
• People working with children must pass new universal screening

Anyone wanting to have a baby via surrogacy in South Australia would have to undergo a criminal-history check, under stricter rules proposed by a Liberal MP.

But the state’s Attorney-General says the requirement is a “costly and unreasonable intrusion” and “arguably discriminatory”.

Debate began in State Parliament on Tuesday over a surrogacy Bill put forward by Attorney-General Vickie Chapman.

The legislation would make it easier for people, including singles and gay couples, to access surrogacy in SA, but paying someone to have a baby would remain illegal.

The Bill will be subject to a conscience vote, meaning MPs from any party could vote according to their personal view.

A number of Liberal MPs, including ministers, indicated support, including Liberal backbencher Paula Luethen.

The legislation would make it easier for people, including singles and gay couples, to access surrogacy in SA, but paying someone to have a baby would remain illegal. Picture: iStock

However, she wants potential parents seeking a surrogate to undergo a criminal-history check before entering a surrogacy agreement “to eliminate the risk that intended parents have been convicted of any serious offences”.

Ms Luethen was particularly concerned about people who may seek surrogacy as a way to exploit children or perpetrating child sexual abuse.

But Ms Chapman said she believed the check would only give “the appearance of a safeguard” because those involved could “disregard the results of the check and proceed with the surrogacy anyway”.

“It is also arguably discriminatory as it is not a requirement for any other reproductive treatment in SA,” she said.

Criminal-history checks are required to access reproductive treatment in Victoria but were rejected in a review of NSW surrogacy laws last year.