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Debate grows over Australia's surrogacy laws as couples go overseas to find a baby
Debate grows over Australia's surrogacy laws as couples go overseas to find a baby

ABC News

time16 hours ago

  • General
  • ABC News

Debate grows over Australia's surrogacy laws as couples go overseas to find a baby

For Daniel and Michael Montgomery-Morgan, becoming parents wasn't easy. It took four years and hundreds of thousands of dollars to bring their daughter Spencer into the world. "We really questioned whether we're meant to be parents. It's not a quick process," Daniel said. Spencer, now seven months old, was born via a surrogate in Canada. "We didn't expect it would take us four years to have Spencer in our arms. [There were] lots of different things that we needed to do to accommodate the financial aspect of it." After initially looking in Australia, the couple had to go abroad to find their surrogate. "Unfortunately, we had three failed transfers, so we had to start again after two years of trying to have a baby," Michael said. He said there were multiple times when they wished their surrogate was in Australia. "When you're going through such an emotional journey … it's human nature to want to connect," Michael said. "That was a challenge for us and that's what was missing with us not being able to do this like we wanted to in Australia." For Bendigo couple Josh Paredes and Michael Vallejos, their one-year-old surrogate baby Elijah Miguel Parades-Vallejos was a miracle. "Elijah is the love of our life. He is the blessing from above. We are very thankful," Mr Vallejos said. Some of the Filipino couple's gratitude is for close friend Helyn Joy Lagman, who offered to carry their baby after one round of IVF. "We initially thought she was joking, so we ignored it. It took her three offers, then we thought, oh, she is actually serious," Mr Vallejos said. Ms Lagman already had two children of her own and said surrogacy was something she had always wanted to do and had offered to others. "I really wanted to bring something good to the world," she said. A growing number of Australian couples are going overseas to find a surrogate. According to the Australia and New Zealand Assisted Reproduction Database, 131 surrogacy babies were born in Australia and New Zealand in 2022. People working in the sector say the number could be higher. According to the Department of Home Affairs, 361 children born through international surrogacy arrangements acquired Australian citizenship in 2023-24, up from 222 in 2021-22. In Australia, commercial surrogacy — when a surrogate is paid — is illegal. Every state and territory has different laws relating to surrogacy but they all allow altruistic surrogacy, which means the surrogate's expenses are covered but no other profit or payment is made. According to the Department of Home Affairs, the United States is the most popular country for Australian couples to source surrogates, followed by Georgia, Canada, Colombia, Ukraine and Mexico. The Australian Law Review Commission is reviewing the nation's surrogacy laws and will consider how to reduce barriers to domestic altruistic surrogacy arrangements in Australia. Surrogacy lawyer Sarah Jefford believes commercial surrogacy should be allowed in Australia. "Everyone else is paid, including the lawyers, the counsellors and the clinicians," she said. Ms Jefford, who has been a surrogate, wants Australia's "patchwork" surrogacy laws managed under federal legislation. "I think uniform laws are crucial for making it more accessible but also making sure we don't have medical tourism within our own country," she said. However, some researchers and legal groups believe commercial surrogacy is unethical. Margaret Somerville, a professor of bioethics and law at the University of Notre Dame, Sydney, has researched surrogacy for decades. She said allowing commercial surrogacy in Australia would inevitably lead to exploitation. "The women who become a surrogate, they'll do it because they need the money," she said. In 2023, at a surrogacy clinic in Greece used by Australians, police arrested senior staff on charges of human trafficking, falsifying records and mistreating hundreds of women who had agreed to act as surrogates. Ten years earlier, commercial surrogacy laws in India were reversed after the discovery of so-called baby farms where 100 women were housed together for the duration of their pregnancies. A snap ban on commercial surrogacy was announced in Cambodia in 2016, resulting in the arrest of Australian nurse Tammy Davis-Charles and two Khmer associates. Ms Somerville acknowledges growing demand for surrogates, but fears introducing commercial surrogacy to Australia would put vulnerable women and children at further risk. "It's like slavery," she said. The Australian Law Reform Commission's (ALRC) review is considering issues like the complexity of surrogacy arrangements, inconsistencies in legislation and barriers to accessing surrogacy and gaining Australian citizenship for babies born abroad. This month, Queensland police confirmed they would not lay charges against a Brisbane couple who entered a $140,000 commercial surrogacy arrangement with an overseas company. Inquiries into the regulation and legislation of international and domestic surrogacy arrangements, including a 2016 House of Representatives standing committee, recommended commercial surrogacy remain illegal. New South Wales and South Australian reviews in 2018 also supported continued prohibition. The ALRC is taking submissions for its review of surrogacy laws until mid-July. The Montgomery-Morgans would love to see surrogacy become more accessible in Australia so more couples can become parents. "I think commercial surrogacy does have a place, with the right governance and controls," Daniel said. But they would want safeguards to prevent exploitation. "I would hate to see people exploited," he said. "There is a real risk of that."

Surrogacy4All Releases 2025 Rankings of Top Surrogacy Agencies, Championing Transparency, and Ethical Care for Intended Parents
Surrogacy4All Releases 2025 Rankings of Top Surrogacy Agencies, Championing Transparency, and Ethical Care for Intended Parents

Globe and Mail

timea day ago

  • Health
  • Globe and Mail

Surrogacy4All Releases 2025 Rankings of Top Surrogacy Agencies, Championing Transparency, and Ethical Care for Intended Parents

People and couples who want to start a family may find it hard to figure out the complicated world of fertility services. There are more than 300 agencies in the US that offer gestational surrogacy, therefore it's really important to choose the correct one. Surrogacy4All, a well-known and doctor-owned agency, has proudly announced the release of its long-awaited 2025 Rankings of the Top 90 Surrogacy Agencies in the USA in answer to this challenge. Whether growing a family or helping others as an agency or clinic, the difference between a long wait and a smooth journey starts here. They reviewed 90+ U.S. surrogacy agencies and ranked them by what matters most: Fastest surrogate match times Cost transparency (no surprise fees) Success rates & medical oversight NYS licensing + FDA registration Only 4 agencies made it to Tier 1 — including those that are physician-led and fully certified. These are arranged alphabetically below: - Conceive Abilities - Family Inceptions International LLC - Happy Beginnings LLC - View the full 2025 rankings now: The new ranking is the first in the country to evaluate agencies offering commercial surrogacy based on critical criteria, including clinical success rates based on fertilization, surrogate match times, physician involvement, licensing, Google reviews, and surrogacy cost transparency. The initiative seeks to cut through marketing noise, revealing what truly matters to families: success, safety, and support. Dr. Naman Arya, Medical Coordinator of Surrogacy4All, stated, "Our mission is to make surrogacy accessible and ethical for all families. That starts with transparency. These rankings help intended parents, especially LGBTQ+ couples, navigate a confusing market and make informed decisions". Dr. Kulsoom Baloch, medical advisor at Surrogacy4All, emphasized, "Choosing a surrogacy agency is a leap of faith. Our goal was to bring trust and transparency to that journey by giving Intended Parents the data they need to make informed, confident choices". Surrogacy4All has emerged as a Tier 1 agency in these rankings, meeting the gold standard of being New York State licensed, FDA registered, and physician-led. Established in 2006, the agency boasts a 0-month match time, one of the fastest in the industry, and a 90%+ success rate for surrogacy journeys. The average journey cost for USA surrogacy is around $120,000, while overseas options start from $45,000. The organization also offers international options in Canada, Ghana, India, and more, each with distinct costs and regulations. The agency is owned and run by doctors. Therefore, the health and well-being of both the surrogate and the baby are always the most important. Surrogacy4All is open to all intended parents, including couples, LGBT parents, single men, and single women. They offer the best support and specialized advice. They connect intended parents with the best fertility clinics in the US. They have worked with hundreds of intended parents and over 100 IVF Centers around the country. They have been doing this for more than ten years and have a database of over 1,000 egg donors and surrogates. Testimonials highlight the agency's compassionate care, transparent pricing, and unwavering support. One client noted, "We searched far and wide—Googling everything from 'surrogacy agencies near me' to 'surrogacy programs near me' and 'best surrogacy agency near me.' After weeks of research, it became clear that Surrogacy4All offered the best value proposition in the entire country". The whole analysis, which puts more than 90 agencies into four groups, is available online. It includes graphics that compare services side by side, as well as estimates of costs, wait times, and success rates. These rankings should help intended parents avoid delays, scams, or high expenses, since agencies who don't have FDA or NYS certifications may not be able to prove that they are following the law. About Surrogacy4All: Surrogacy4All is a part of DGA, Inc., which is based in New York City. Since 2006, their physician-owned, FDA-registered, and New York State-licensed organization has helped hundreds of intended parents have successful surrogacy journeys in the US and Canada. Their goal is to make dreams come true by offering the best IVF and surrogacy services at low prices all over the world, while making sure that everyone gets the best care and service possible. Their affiliated websites are and Media Contact Company Name: Surrogacy4All Contact Person: Deepak Gulati Email: Send Email Phone: 2126617673 Address: 1148 Fifth Avenue 1C City: New York State: NY 10128N Country: United States Website:

Should commercial surrogacy be allowed in Australia?
Should commercial surrogacy be allowed in Australia?

ABC News

time2 days ago

  • Business
  • ABC News

Should commercial surrogacy be allowed in Australia?

A review into Australia's surrogacy laws is currently looking at whether commercial surrogacy should be allowed in Australia. Advocates say the number of couples going overseas for surrogacy arrangements has increased significantly, and allowing Australian surrogates to get paid would make it more accessible for intended parents here. But those who want to see commercial surrogacy stay banned, say allowing it would lead to exploitation.

EXCLUSIVE After 14 devastating miscarriages, I found a surrogate couple who promised to change my life - but then they did the unthinkable
EXCLUSIVE After 14 devastating miscarriages, I found a surrogate couple who promised to change my life - but then they did the unthinkable

Daily Mail​

time2 days ago

  • Entertainment
  • Daily Mail​

EXCLUSIVE After 14 devastating miscarriages, I found a surrogate couple who promised to change my life - but then they did the unthinkable

A Queensland woman's dream of becoming a mother after losing 14 babies has been cruelly snatched away, just hours after the birth of the baby she thought would finally be hers. Gold Coast photographer Kirby Hood, 36, says she was blindsided when the woman she trusted to be her surrogate booted her from the hospital after changing her mind at the last moment - and deciding to keep her baby. Ms Hood had battled infertility for more than 12 years, enduring loss after loss, before the 'experienced surrogate' offered her what she called 'the chance of a lifetime'. 'I trusted her, and she kept my baby after leading me on for nine months believing that the baby would be coming home with me,' Ms Hood told Daily Mail Australia. 'My baby was born in February and I'm only just coming up for air. 'I have everything in writing - the card she gave me offering to be my surrogate, the paperwork from the lawyers, and all the texts.' Hood attended doctors' appointments regarding the pregnancy, and viewed ultrasounds - all with the encouragement of the birth mother - and also paid the medical costs throughout the process. She threw a baby shower, held a gender reveal party and documented her journey to motherhood on social media. Kirby announced her happy news on social media 'At first I wanted to keep it private,' Ms Hood said. 'I told her once the baby was born I wouldn't be sharing her photo on social media, and she said, "Oh, you are one of those, are you?" 'She said she didn't go through all of this for me not to experience things like a gender reveal party, and it made me feel guilty, so I had those things as much for her as me. 'She even came to the gender reveal party and met all my friends and family who were all so clucky and wanted to touch her tummy and fuss around her.' Ms Hood, a newborn photographer, first met the surrogate, who lived in her local area, in 2019. 'I was told she was having her "third and final child",' Hood said. 'I was called into the hospital to take photos of the siblings and meet the baby. 'In September 2021, the woman rebooked for some family photos, and in 2022 I was booked again as the woman was entering her first surrogacy journey, and I was hired as her photographer to capture her first surrogacy birth. Ms Hood said that having witnessed the woman faithfully fulfil her surrogate role for someone else, she trusted her to do the same again. 'I physically witnessed, felt, experienced her hand a baby to another family that had longed for this moment in their life,' she said. Meanwhile Ms Hood continued with her own quest to become a mother and underwent an embryo transfer. 'I met a beautiful family through an IVF group and they kindly donated them for me, but in 2023 I suffered a miscarriage,' she said. 'During the early days of my loss I made an Uber Eats order and the surrogate's sister was the Uber Eats driver. 'She said to her sister, "Hey it's Kirby your photographer friend - jump in the car and come for a run to drop this order off." 'I was lying in bed and my mum came in and said, "Kirby, someone is at the door for you - she says she is a birth mum." 'I went out and it was the surrogate, and we hugged and I cried. She had a package with chocolates and magazines and flowers and a card. 'I read the card and it said, "When the time comes, you know I'm good for it. Love to be your surrogate".' The pair kept in touch about a potential surrogacy, but Ms Hood gradually came to the conclusion that she did not want to risk more potential heartbreak. However, a call out of the blue changed everything. 'It was July 12, 2024 - it was a Friday, and I was working, I actually had twins coming into the studio for newborn photos,' she said. 'My surrogate Facetimed me, and I said I was done, I was out, my heart can't take much more heartbreak. 'And she held up a pee stick and said, "Well, you can, because you are having a baby!" I was just mind-blown.' Confused, Ms Hood asked if the woman had transferred eggs without her knowing. 'She explained she had accidentally fallen pregnant with her husband, but they do not want another child,' Ms Hood said. 'At first I was cautious - how does this work? How does this happen? I'm pretty sure you can't just cook a baby for someone and just hand it over. 'Aren't there laws? I only knew of the laws of surrogacy [not adoption].' In a state of shock, Ms Hood handed the phone to her mum who was at the photography studio at the time. 'I remember this because it's etched on my soul,' she added. 'Mum said: "What does this mean?", and the surrogate said: "It means Kirby is going to be a mama," and I just bawled. 'This woman had been an egg donor prior - from memory, she told me five times. 'She showed me the living children on Facebook that she still follows and the families that were successful from her donations 'We'd talked in depth about how she felt seeing those children and she was just so exceptional on the whole donor process.' But given the situation had changed from a standard surrogacy to an agreement to hand over a baby that was both conceived and carried by the birthing mother, Hood sought legal advice. 'I called the Queensland adoption hotline and they explained that if the parents didn't want to keep her, the baby had to go to foster care and would be assessed a fair order and placed with a registered family,' Ms Hood said. Ms Hood called the woman to pass on that disappointing news, but she already had an alternative plan. 'She told me that was rubbish and that I can be on the birth certificate as a same-sex couple, and so with a lawyer we drew up parentage orders,' she said. 'As part of that, you can legally name [the child] before birth so it's in the paperwork. I named her Xanthe and we agreed I was going to be at the birth.' Then came another shock. Throughout the long process of trying to become a mum, Ms Hood's husband had been by her side, but just when it appeared imminent, she said he moved out. 'He had been to the scans, he even had the ultrasound photo made into a keyring he carried around but he walked out the weekend after Father's Day,' Ms Hood said. 'I have lost 14 babies and it was too much for him. 'He told me two IVF rounds before that he was done, but I didn't want to listen, I just wanted one more chance to try.' Ms Hood called the surrogate and her husband to tell them her husband had left, but they said they had no issues with her being a single mum and assured her everything remained on course. 'We had the baby shower not long after and everything was fine,' she added. Ms Hood threw herself into work, needing to generate enough money as a sole income earner to be able to support herself and a baby. 'I actually missed one of the scans because a birth shoot took 10 hours and overlapped with the scan,' she said. 'I sent a text explaining what had happened but they didn't even reply and then later she sent me a text questioning my priorities. 'I was feeling there were red flags by this point, but I had come so far and I didn't want to believe anything may be wrong.' A few weeks before the birth, Hood was asked to meet the couple in a nearby park, where they told her that they no longer wanted her at the birth, explaining it was for minor medical reasons. It was at this point that Ms Hood started to have serious doubts, wondering whether the couple had had a change of heart about handing the baby over. On the birth day, she received a text to tell her the baby had arrived, and she drove to the hospital unsure of what to expect when she got there. 'Things felt off, and I knew it wasn't happening,' she admitted. 'But before that day, the hospital was going to make up the room next door for me, so I just went there in hope or desperation. Ms Hood asked for a social worker to be present, but was instead asked to leave. 'The hospital went into lockdown as if I was a danger,' she said. 'I just left and bawled in my car. 'She called me two days later and told me Child Services were involved now and there's nothing she can do about it.' Riddled with anxiety that the baby had been placed into foster care, Ms Hood spent hours calling authorities, trying to track her down so she could be considered as a legal parent. It was weeks later that she found out the couple had not given the child up, but had decided to keep the little girl after all. 'Someone sent me a screenshot of the surrogate's Facebook where she had announced the birth of her little girl,' she said. 'I wasn't angry, just hurt. If they changed their minds, why didn't they just tell me? 'Of course, I would have been upset, but I would have understood. I know how hard it is to lose a baby. I would have understood.' Hood has not heard from the couple since March, and they have refused her requests that they refund the thousands of dollars she had spent on medical costs and baby equipment. 'They said they will see me in court,' she said. 'But I want people to know about it, about what happened and for legislation to be changed.

Alberta surrogacy agency's sudden closure devastates hopeful parents around the world
Alberta surrogacy agency's sudden closure devastates hopeful parents around the world

CTV News

time2 days ago

  • Business
  • CTV News

Alberta surrogacy agency's sudden closure devastates hopeful parents around the world

Hopeful parents from around the world say the sudden closure of an Alberta surrogacy agency has left them at a financial loss and emotionally devastated. The sudden closure of JA Surrogacy Canada has left multiple intended parents emotionally and financially at a loss while also pointing out the pitfalls of Canada's surrogacy system. 'I think fertility is such an emotionally, physically and financially draining journey,' said Kim Appel from central Alberta. 'It makes us feel stuck because we lost a financial aspect, and we lost a little bit of our dreams that could have come true.' She and her husband, Martijn Appel, say they have been trying for 12 years to have a baby. Kim and Martijn Appel Kim and Martijn Appel They signed up with Alberta-based JA Surrogacy Canada and say they spent more than $20,000 in hopes a surrogate would carry their biological child. On Friday, they received an email that the agency would be closing and all the employees terminated. One Hungarian woman living in Ireland tells CTV News she and her husband also spent about $19,000 so the agency could cover the surrogate's expenses. Now they have to start the process all over. 'I feel completely devastated. We are trying to focus on the future instead of the past, but it's very hard,' said the woman, who only wanted to be referred to as Tunde. Tunde Tunde JA Surrogacy was founded by Jennifer Allen; she died in 2023. Her husband, Phil Allen, inherited the company but sent CTV News a statement, which reads in part: 'Unfortunately, recent financial disclosures have brought to light a devastating reality—the company is insolvent, with over $150,000 in liabilities and no funds remaining in its bank accounts. As shareholders, we want to be absolutely clear—we have never taken any compensation, dividends or personal withdrawals from the company.' It also reads: 'We are fully committed to transparency and accountability. In light of the situation, we are in the process of engaging a qualified forensic accountant to conduct a comprehensive review of the company's finances. Our goal is to trace all funds and provide clear answers for every intended parent, surrogate and service provider affected. This is not just a financial review—it is a moral obligation, and we will pursue it with the seriousness it deserves.' Allen has also reached out to RCMP, and CTV News has not been informed if any charges have been laid. The company's now former CEO, Michelle Avery, sent CTV News a statement, which reads in part: 'Mr. Allen made the unilateral decision to close the doors without providing notice or severance to employees, and without allowing proper time for clients to be notified/allowed to direct what occurred with their funds.' One Calgary-based lawyer who helps clients with all aspects related to fertility says it's likely these clients are left without recourse to get their money back. 'The key thing is to make sure that the money that is (held) in trust, which is there for the benefit of the surrogate and managing her expenses through the process—that (money held in trust) is protected,' said Ellen Embury with Embury and West. The sudden closure of JA Surrogacy Canada has left multiple intended parents emotionally and financially at a loss while also pointing out the pitfalls of Canada's surrogacy system. The sudden closure of JA Surrogacy Canada has left multiple intended parents emotionally and financially at a loss while also pointing out the pitfalls of Canada's surrogacy system. Surrogacy pitfalls Same-sex couples, single people or couples experiencing illness or infertility are referred to as 'intended parents' when starting the process of connecting with a surrogate who will carry a pregnancy on their behalf. Surrogates cannot be paid in Canada under law. Expenses like hotel stays and transportation can be covered, and agencies vary in their processes to administer a surrogate's expenses. Agencies are not regulated, and surrogates cannot be compelled to carry a pregnancy, as it's not a service or commodity, said Embury. Fertility advocates say the agency's closure highlights the pitfalls of surrogacy arrangements in Canada. 'Surrogacy shouldn't be full of crazy stories. It shouldn't be full of scary times. We need to support (intended parents) and surrogates,' said Sara Cohen, past president of Fertility Matters Canada. 'Even regulation, in my opinion, is not going to (stop) that some companies go bankrupt and it is tragic and it is awful when it is so hard for this already incredibly vulnerable community to have to experience that.' Cohen is also the founder of Fertility Law and also represents clients across the fertility spectrum. She and Embury agree legalizing compensation for surrogates would provide a basis for regulations to require agencies to protect funds held in a trust. Fertility treatments and surrogacy are governed by the Assisted Human Reproduction Act.

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