Donor and surrogacy

The welfare of the person born as a result of assisted reproductive treatment is paramount. This means that the donor conceived person is entitled to know who their donor is, should they want this information. The donor conceived person can request access to the donor’s identity when they turn 18.

The donor has no legal responsibilities or rights to the child.

Under legislation, the woman giving birth is the legal mother of any child born. The recipient (couple) is financially and legally responsible for the child. Additionally, the recipient (couple) shall have full custodial and parental rights to the child.

Under legislation, the woman giving birth is the legal mother of any child born.  We recommend that both the commissioning couple and the surrogate seek independent legal advice. A parentage order can be lodged after the birth of the child. When approved, the commissioning couple and not the surrogate become financially and legally responsible for the child.

The donation of reproductive tissue must be altruistic however, the recipient will be responsible for all associated costs.
 
A surrogate also cannot be paid, the intended parent (s) will be responsible for all associated costs.