We recently travelled to Sydney, Australia and Brisbane, Australia for the Growing Families: Fulfilling Your Family Building Dream Seminar, and spent an inspiring weekend speaking with past clients and Australian hopeful parents. We have helped many Australian hopeful parents navigate their fertility journey in the U.S., through the surrogate or gestational carrier search, the egg donor search, and the sperm donor search.
Can Australians have children in the US? Yes, Australians can have children via surrogacy in the United States, but there are a number of legal, financial, and logistical considerations to keep in mind.
Each state in the US has its own laws regarding surrogacy, and some states have more favorable laws and regulations than others. For example, some states have laws that recognize and protect the rights of intended parents in surrogacy arrangements, while others have laws that restrict or ban surrogacy altogether.
It is also important to consider the financial costs involved in surrogacy, which can be substantial, and to ensure that all parties involved in the surrogacy arrangement are protected legally and financially.
Additionally, it is important to note that the recognition of surrogacy arrangements and the transfer of parentage can be complex, and it is advisable to work with experienced surrogacy attorneys and agencies to ensure that the process goes smoothly.
Overall, while surrogacy in the US is an option for Australians, it is important to carefully consider all factors and to seek legal and medical advice before proceeding.
Why do Australians come to America for fertility treatments? Australians may travel to the U.S.A. for fertility treatments for a variety of reasons, including:
Advanced technologies: The US is known for cutting-edge fertility treatments and technologies.
High success rates: US fertility clinics have a reputation for high success rates, which can be a factor for patients seeking treatment.
Legislation: Many states in the USA have fertility-friendly legislation, which can make family-building easier for some international hopeful parents.
Long waiting lists: There may be long waiting lists for fertility treatments in Australia, leading patients to seek care abroad.
Cost: In some cases, fertility treatments in the US may be less expensive than in Australia, especially when factoring in the cost of travel and accommodation.
Privacy: Some patients may prefer to undergo fertility treatments in a foreign country for privacy reasons.
What are the laws governing third-party fertility in Australia? Third-party fertility, such as the use of donor sperm, eggs, or embryos, is regulated by law in Australia. The use of third-party reproduction is governed by the Commonwealth's Reproductive Technology Accreditation Committee (RTAC) and the state or territory laws where the treatment is provided.
In Australia, only licensed clinics and practitioners can provide assisted reproductive technology (ART) services, including third-party reproduction. The use of donor sperm, eggs, or embryos must comply with guidelines and regulations, which include rules around anonymity, record keeping, and consent. Some of the key laws that restrict third-party fertility in Australia include:
The Human Reproductive Technology Act 1990 (Cth): This act regulates the provision of assisted reproductive technology (ART) services in Australia, including the use of donor sperm, eggs, or embryos. It requires ART services to be provided by licensed clinics and practitioners and sets out the ethical and technical standards that must be followed.
The Surrogacy Act 2010 (NSW): This act regulates surrogacy arrangements in New South Wales, including the use of third-party fertility. It sets out the legal requirements and obligations for surrogates and intended parents, and governs the transfer of parentage after the birth of a child.
The Reproductive Technology Accreditation Committee (RTAC): This body is responsible for accrediting ART clinics and practitioners in Australia and ensuring that they comply with ethical and technical standards.
State and territory laws: In addition to the above federal laws, each state and territory in Australia has its own laws and regulations regarding third-party fertility. For example, in some states, it is illegal to pay for surrogacy services, while in others it is allowed with certain restrictions.
We know how important it is to have a fertility team you can trust during this process, and we are well-versed in the considerations Australian hopeful parents face when coming to the U.S. for fertility assistance. If you are looking to build your family through surrogacy or gamete donation in America, we can help.
Interested in building your family with Donor Concierge? Schedule your free consultation today.