Why Surrogacy Laws Must Be Overhauled

Surrogacy laws  need to be changed especially for LGBT parents. Today Stephen Page talks about sad surrogacy story to come out of India stephen page chief justice bryant

Surrogacy laws generally practiced responsibly all over the world and particularly important amongst prospective LGBT parents and the surrogacy case from India including chief justice Bryant

Been a few high profile cases that have sullied surrogacy’s image and led to call to overhaul surrogacy law.


The legislation in Australia differs from state to state.

Many of us by now, will be familiar with the latest

Lately, there is a sad surrogacy story to come out of India.

The Australian parents took one baby they wanted, the other left behind because of this babies gender.


The Chief Justice of the Family Court, Diana Bryant, told the National Family Law Conference in Sydney this week about the story.

The commissioning parents (intended parents) did not want both babies.

They took back their choice of baby to Australia was based on gender.

The gender of the baby left behind was also unknown.

This is a compelling argument to change the surrogacy law.

The consular officials told Chief Justice Bryant about this case in 2012.

Chief Justice Bryant said they were deeply traumatised which is understandable.

Apparently, the consular staff delayed granting a visa while they tried to convince them to take both children home.  However, they were getting pressure from Australia to grant the visa.


The parents did not want to take both babies and issued one visa for the baby of their choice.

Chief Justice Bryant said she asked what happened to the other child.

Chief Justice Bryant said if it was true that a sum of money changed hands so another family would take the abandoned child, that could be tantamount to human trafficking and a criminal offence.

“I think it is appalling. It’s a breach of all sorts of human rights conventions and it’s a criminal offence in many places if that is so,” she said.

Foreign Minister Julie Bishop

says she has no information from her department about the case.

The times come to overhaul  the surrogacy law

When people wish to have children many of them are willing to go overseas & will continue to happen.

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