You may want to look for the best family lawyers Brisbane if you’re a same-sex couple that is moving to Australia from another country and want to carry your child along. The Australian law treats commercial surrogacy arrangements differently from other countries and because of this many same-sex couples get frustrated when the Australian Foreign Minister denies their child a passport.
It is possible to bring a child born through surrogacy in Australia but for this to happen you must address certain legal blocks.
- The parents of the child must apply for an Australian passport for the surrogate child. During this application, the Australian Passport Act 2005 states that every person with parental responsibility for the child must give their consent.
- A B4 (Child Born through Surrogacy) form must be filled by all the parents and a legal surrogacy agreement should be attached to evidence.
- The jurisdiction is the sole determinant of whether Australian parents of a child born through surrogacy should be considered a legal parent if neither of them is the biological parent. The processes for adoption are lengthy and it’s difficult to apply for citizenship for the child if none of their biological parents is an Australian citizen. Because of this, the Criminal Law Firms Brisbanewill always advise that you first apply for residency for the child and then tackle their citizenship after they have been in the country for a while.
- The parents of a surrogate child can apply for citizenship for their young one if one or both of the parents is a biological donor to the surrogate and is an Australian. In this case, the child will acquire citizenship by descent.
- The first point is the sticking point for most Australian same-sex parents who want to bring their child into the country from another country. The Family Law Act 1975 does not give any definition of parent or ‘parental responsibility’ in regards to surrogacy. While many family law courts in Brisbane try to expand the definition given to include as many people as possible, the birth mother is still considered the only person with parental responsibility for a child whether or not she is named in the child’s birth certificate or has a biological like to the child.
According to the Family Court case of Dudley and Anor & Chedi, 2011, it was stated that the purpose of this position that stands as a legal stance in Australia is to “protect women and children from potential abusive practices that come with the commercialization of surrogacy.” However, in this case, as like with many cases requiring the assistance of the family lawyers Brisbane don’t include cases where the surrogate mother didn’t relinquish their parental responsibility long before the passport application was made.
With the help of reputable family lawyers in Brisbane, you can have a stress-free experience in your passport application for your surrogate child.