Rethinking “Commercial” Surrogacy in Australia

Abstract

This article proposes reconsideration of laws prohibiting paid surrogacy in Australia in light of increasing transnational commercial surrogacy. The social science evidence base concerning domestic surrogacy in developed economies demonstrates that payment alone cannot be used to differentiate "good" surrogacy arrangements from "bad" ones. Compensated domestic surrogacy and the introduction of professional intermediaries and mechanisms such as advertising are proposed as a feasible harm-minimisation approach. I contend that Australia can learn from commercial surrogacy practices elsewhere, without replicating them.

‘25 degrees of separation’ Versus the ‘ease of doing it closer to home’: Motivations to Offshore Surrogacy Arrangements Amongst Australian Citizens

“…As Millbank (2014) notes, a key issue in offshore arrangements is the question of whether in all (or even the majority) of cases true informed consent is given.…”

“…With these findings in mind, the paper concludes by considering Millbank's (2014) suggestion that Australian states and territories should legalise onshore commercial surrogacy, and the barriers that may exist to the uptake of such potential legal change.…”

“…The paper then concludes by arguing, following Millbank (2014), that onshore commercial surrogacy should be legalised in Australia, and that to facilitate this researchers must to continue to examine existing individual and institutional barriers to the legislating and uptake of onshore commercial surrogacy.…”

“…Framed by an understanding of the vulnerability that arises from the demand of reproductive citizenship, the analysis focuses specifically on whether or not the participants would have entered into an onshore commercial surrogacy arrangement had this been legal at the time. The findings suggest that for some participants, undertaking surrogacy 'at a distance' was perceived to be safer and provided a degree of privacy, whilst for other participants surrogacy closer to home would have removed some of the more challenging aspects of offshore arrangements.With these findings in mind, the paper concludes by considering Millbank's (2014) suggestion that Australian states and territories should legalise onshore commercial surrogacy, and the barriers that may exist to the uptake of such potential legal change. …”

For love or money? Australian attitudes to financially compensated (commercial) surrogacy

“…2,3 It has been suggested that allowing compensated surrogacy in Australia, properly regulated and facilitated by professional recruitment agencies, will not only increase the supply of surrogates, but also improve the quality of medical care, as it allows patients to undertake in vitro fertilisation (IVF) treatment and pregnancy care within the Australian healthcare system. 8 A survey in 1993 reported that only 30% of Australians approved of commercial surrogacy, with 59% disapproving and 11% being undecided. 9 Given the recent large increase in the use of overseas commercial surrogacy services, it was felt appropriate to survey the Australian public's current level of support and concerns, plus their views on what may be considered appropriate compensation for a surrogate.…”