Territory’s surrogacy process explained as long-awaited laws come into effect

Territory families have long had to go interstate or overseas to have a legally-recognised surrogacy birth. Here’s how that’s about to change.

NT Health senior midwifery adviser Tez Clasquin and Chief Minister Natasha Fyles have welcomed the commencement of the NT's historic surrogacy laws. Picture: Annabel Bowles

Territorian parents-to-be will legally be able to have a surrogate baby without leaving the NT for the first time in history.

The Fyles government’s long-awaited surrogacy laws, which passed in May this year, come into effect on Tuesday.

It means intending families will no longer need to travel interstate or overseas to access legally-recognised surrogacy.

The Territory is the last Australian jurisdiction to create surrogacy laws, while other states and the ACT have had legislation in place as early as 2004.

NT Health senior midwifery advisor Tez Clasquin said the new laws allow Territory families of all kinds to access different pathways to parenthood. Picture: Annabel Bowles

NT Health senior midwifery adviser Tez Clasquin said it was an “incredibly proud” moment for the Territory.

“There’s a few different reasons why someone may make this their journey to parenthood,” she said.

“A woman, potentially for medical reasons, may not be able to carry a pregnancy or perhaps get pregnant.

“Equally, this is a very important piece because it’s about inclusion and diversity and would enable anyone, irrelevant of their identity – whether they identify as a man, as a woman, non-binary or transgender – to equally be able to become a parent using the surrogacy legislation.”

The laws allow a single parent or a couple to enter a surrogacy agreement, where the surrogate and their partner are only compensated for medical or general costs relating to the process.

Those involved must be over 25 years old and an Australian citizen or permanent resident.

Commercial surrogacy will remain illegal in line with other Australian state laws.

Family creation lawyer and former surrogate mum Sarah Jefford said the creation of surrogacy laws in the NT has been pushed along by advocates. Picture: Supplied

Family creation lawyer and former Alice Springs resident Sarah Jefford, who also delivered a baby for two dads in 2018, said there was just one aspect missing in the legislation.

“The added requirement that all parties must be citizens of permanent residents is, for the most part, not a problem,” she said.

“But for those living in Australia long-term without one of those things, like New Zealanders for example, it is.

“If I could improve it any further I would remove that requirement.

“What might seem like a small change has a huge impact for those who need it.”

Ms Jefford said traditionally many Territory parents moved interstate to access surrogacy, only to discover their names could not be listed on the child’s birth certificate.

“Many NT families going through IVF would move to Queensland or South Australia, for example, and hit a roadblock because their address was in the NT,” she said.

“Instead, the surrogate’s name would be listed on the birth certificate.

“I’m pleased we can now work on their parentage orders to get the parents’ names on the birth certificate.”

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