Improving access to surrogacy in Australia: Interviews with surrogates, intended parents and surrogacy professionals
Ezra Kneebone1, Kiri Beilby1, Karin Hammarberg2, Department of Obstetrics and Gynaecology, School of Clinical Sciences, Monash University Melbourne2, Melbourne Victoria 1Department of Obstetrics and Gynaecology, School of Clinical Sciences, Monash University, Melbourne, Victoria, Australia2Global and Women’s Health, School of Public Health and Preventative Medicine, Monash University, Melbourne, Victoria, Australia
Abstract
‘Altruistic’ surrogacy, whereby a surrogate relinquishes a child without financial inducement or contractual obligation, is legal in Australia and regulated at the State and Territory level. However, it is also a long and complicated process. This causes many prospective parents to pursue ‘commercial’ surrogacy overseas. In light of the risks associated with the international surrogacy market, developing a more accessible model of surrogacy in Australia has been proposed as a harm minimisation approach.
We interviewed Australian surrogates, parents through surrogacy, and surrogacy professionals to seek their views on how access to surrogacy in Australia could be improved. The interviews were recorded and transcribed and the transcripts were analysed thematically.
The overarching themes were ‘provide Medicare funding for surrogacy patients undergoing IVF’, ‘increase surrogacy awareness’, and ‘reform the law’. The ‘increase surrogacy awareness’ theme incorporated two sub-themes: ‘dispel common misconceptions about surrogacy’; and ‘normalise surrogacy as a part of healthcare’. ‘Reform the law’ had three sub-themes: ‘develop a national law’; ‘compensate surrogates for their time and effort’; and ‘automatically recognise the intended parent/s as the legal parent/s’.
These findings suggest various strategies to improve access to surrogacy in Australia. Many of these suggestions fit within the current altruistic framework, although moving towards a compensated model may better recognise the role that surrogates play. In order to achieve law reform, the Australian Law Reform Commission could conduct an inquiry into the surrogacy laws of Australian States and Territories.
Biography
Ezra Kneebone received her Bachelor of Science and Graduate Diploma in Reproductive Sciences at Monash University. She is currently completing her PhD in the regulation of surrogacy in Australia. Her research interests include the social, legal, and ethical implications of assisted reproductive technologies.