International Surrogacy and Australian Citizenship by Descent
If you have an international surrogacy arrangement, your child may be eligible for Australian citizenship by descent. Alternatively, if your child does not meet the eligibility requirements, you may consider other avenues such as a child visa or adoption visa.
What is international surrogacy?
International surrogacy is an arrangement where the surrogate mother lives outside of Australia. There are 2 types of surrogacy arrangements:
Altruistic surrogacy – This is an arrangement where the surrogate mother does not make a profit. Altruistic surrogacy is legal in most Australian states and territories. For more information, visit: [Surrogacy Australia]
Commercial surrogacy – This is an arrangement where the surrogate mother makes a profit from the arrangement. This includes costs in addition to the cost of medical and legal expenses. Commercial surrogacy is illegal in most countries and all Australian states and territories. For more information, visit: [OHCHR Surrogacy]
In addition, it is illegal to make a commercial surrogacy arrangement outside Australia in ACT, NSW and QLD.
Citizenship by Descent
Generally, if the surrogate mother is an Australian citizen, then the child is an Australian citizen.
However, for international surrogacy, your surrogate child may nevertheless be eligible for Australian citizenship if at the time of their birth, at least 1 of the biological parents is an Australian citizen. The Department of Immigration and Citizenship will most likely request evidence of the surrogate mother’s identity and consent to confirm that the child was not abducted or obtained through unlawful means. The surrogacy contract will be requested and if the surrogate mother has a spouse/partner, their consent signature is also required as they are taken to be a responsible parent.
When your surrogate child is born, the birth is registered in the country where the child is born, and it is common that the surrogate mother is listed as the child’s parent on the Birth Certificate. You may apply for the Court for a Parentage Order in the state you live in. The Order transfers parentage from the birth parents to you, the intended parent(s). In Australia, the Birth Certificate is then reissued with you as the new parent(s) listed, instead of the surrogate parents.
How Can Agape Henry Crux Help
Before you make an international surrogacy arrangement, we recommend that you contact one of our specialists to work out the steps to address the legal requirements, including passport arrangements and outbound travel exemptions (if applicable).