Australia, we need to talk about surrogacy...

Last year 605 babies were born to international surrogates because of Australia’s confusing surrogacy laws. But a lack of adequate regulation overseas can be a breeding ground for exploitation.

The path to motherhood has been challenging and arduous for Kirsty. After several unsuccessful IVF attempts, she and her husband had almost given up on being parents. Only then did she consider surrogacy.

“It was a very big decision for us,” says Kirsty. “Were we being selfish? Would the surrogate be adequately looked after? But we both felt strongly about it and decided to do it.”

The couple faced too many hurdles to undertake surrogacy here in Australia, so they turned to India. Using her husband’s sperm and a donated egg from an Indian woman, they engaged a local with three children to carry their child.

Families Through Surrogacy estimates last year 605 babies were born to overseas surrogates. The most popular destinations are the USA, Canada, Mexico and the Ukraine (and India and Thailand before they closed their doors).

Many of those cases have ended happily-ever-after. However, a lack of adequate regulation overseas can be a breeding ground for exploitation and ethical dilemmas.

Who can forget the disturbing case of baby Gammy? This Down syndrome twin boy remained with his Thai surrogate mother, while the Australian couple that hired her took his “healthy” sister home. Gammy now lives off the charity of others, while his parents keep a despicably low profile.

Baby Gammy was abandoned in Thailand and has since made a remarkable recovery. (Pic: Facebook)

Had Gammy been born here, this sorry situation simply would not be allowed to occur. The problem is our confusing and conflicting laws, coupled with low numbers of Australian women wishing to be surrogates, have made the process too difficult for many couples.

So what can be done to make local surrogacy easier and more accessible for Australians?

First, commercial surrogacy needs to be legalised here. Currently all surrogacy arrangements in Australia must be altruistic — that is, the surrogate does not receive financial compensation for carrying someone else’s child. Very often the baby is carried by a friend, sister or even mother acting out of generosity. But the altruism law has reduced the number of Australian women wanting to act as surrogates — thus boosting the number of childless couples heading overseas.

Whilst some sort of financial compensation may encourage more local women to act as surrogates, how best to avoid exploitation? One idea is to cap payments. A submission to the federal government’s inquiry into surrogacy suggested $56,000, which is the average fulltime pre-tax wage for the duration of a pregnancy. Enough, then, to reduce the financial burden of carrying someone else’s child, but not so much as to restrict surrogacy to the wealthy according to the submission.

“Without payment it’s a tough journey physically and psychologically for a surrogate,” says Everingham. He too would like to see compensation, but wants it capped at a more reasonable $15,000-$30,000.

Next, we need to overhaul Australia’s laws. For example, international surrogacy is illegal in NSW, QLD and the ACT. Gay couples are banned from surrogacy in WA and SA. Victoria, Tasmania and WA only allow surrogacy if the surrogate has given birth to a child before. And in all states and territories except the ACT the surrogate must be at least 25. Clearly a uniform code is required.

Surrogacy is a delicate and emotionally charged issue. We need to iron out regulatory inconsistencies from one state to the next. This includes banning discriminatory laws such that married heterosexual couples, de facto couples, gay couples and singles enjoy equal access to surrogacy.

Finally, Everingham suggests implementing some sort of surrogacy agency, preferably run by a not-for-profit group.

“An agency would match potential parents with surrogates and ensure proper screening takes place,” says Everingham. Not to mention untangle bureaucratic red tape and ensure laws are respected.

There is an argument that children born via surrogacy eventually suffer the same sense of loss and abandonment often felt by donor-conceived or adopted children. But such concerns are insufficient to stop hundreds of potential parents trying everything for a baby.

Transparent, strict and uniform domestic laws are the only way to navigate this delicate, and for many ultimately rewarding experience.

Today, Kirsty is a doting mum to a delightful 16 month-old daughter.

“She is just the biggest joy,” gushes Kirsty. “Both our hearts are overflowing with love for her.”

“But if it was easier to do here in Australia, we would have done it here for sure.”

@EliseElliott9