Mary Basta
Head of Family Law
Our family law team guide you through the journey toward parenthood and surrogacy agreement; we help you understand your obligations.
We understand the sensitivity around surrogacy and guide you through this journey with clarity, at a time which can be both confusing and emotionally charged.
Surrogacy refers to an arrangement where a woman (the surrogate) carries and births a child on behalf of another person or couple (the intended parent/s), and there are various reasons might lead a couple to consider surrogacy as a pathway to parenthood.
To be deemed legal, surrogacy agreements must adhere to specific conditions outlined in the Surrogacy Act 2008 (WA). Commercial surrogacy, wherein the surrogate mother receives payment or compensation for her services, is prohibited in Western Australia.
A fundamental requirement for a surrogacy agreement to be lawful in Western Australia is that the surrogate mother does not receive any financial compensation, aside from covering “reasonable” expenses such as medical, psychology, and legal expenses.
The family lawyers at Culshaw Miller have represented both intended parents and surrogate mothers concerning altruistic surrogacy agreements.
We will collaborate with you, your fertilisation clinic, your chosen counsellors, and your doctors to assist you achieve your goal, and can also draft your Agreement and provide the necessary legal advice associated with it.
Should you have any questions or wish to discuss your matter further, please contact one of our lawyers by calling us on 08 9488 1300 or by emailing us via info@culshawmiller.com.au.
