Carrying the gift of life for another family
For some people, carrying their own baby through pregnancy is impossible. Using a surrogate is their only hope of having a child. Since the implementation of the Assisted Reproductive Treatment Act (2008) in January 2010, Melbourne IVF is fortunate to be able to help facilitate surrogacy arrangements through our clinic. Surrogacy is a highly complex process, and there are many important steps to ensure both parties are well informed.
’Gestational Surrogacy’ is the only type of surrogacy that is legal in Victoria. This is where an embryo (created using an egg and sperm produced by the commissioning parent(s) or donors) is transferred into the surrogate’s uterus – consequently the surrogate has no genetic link to the child.
Under current Victorian legislation, the surrogate’s eggs (traditional surrogacy) cannot be used to conceive the child.
Who can commission a surrogate for childbirth?
Under Victorian law, a person is eligible to commission a surrogate if they are:
- unlikely to become pregnant
- unlikely to be able to carry a child or give birth
- likely to place their life or health (or that of the baby) at risk if they become pregnant, carries the baby or gives birth
Our medical guidelines on when surrogacy may be appropriate include:
- absence of the uterus
- an abnormality of the uterus preventing safe pregnancy
- other medical conditions making pregnancy too risky for the mother or baby unlikely to become pregnant utilising their own uterus
There are age limits under our clinical guidelines for commissioning couples:
- 46 for women using their own eggs, if medically appropriate
- 51 for women using donor eggs or embryos
If you decide to take this path, you must find your own surrogate. It is illegal to advertise for someone to act as a surrogate, and you cannot pay someone to act as your surrogate.
Who can be a surrogate?
Under Victorian law, a surrogate must satisfy the following requirements to be approved by the Patient Review Panel:
- she must have previously carried and given birth to a live child
- she must be at least 25 years old
- her eggs must not be used to conceive the child.
Our guidelines recommend that a surrogate is no more than 40 years of age, and that she has completed her own family.
It is illegal for a woman to advertise that she is willing to act as a surrogate mother.
All surrogacy arrangements must be approved by the Patient Review Panel.
Under current legislation, everyone involved in the surrogacy arrangement must undergo a Criminal Records check (to be sighted by the relevant Melbourne IVF counsellor) and consent to a Child Protection Order check.
The surrogacy process
- Medical review – the commissioning couple (or individual) and surrogate attend a consultation with a Melbourne IVF fertility specialist.
- Obstetrics assessment – the surrogate has a medical assessment with an independent obstetrician.
- Melbourne IVF Surrogacy Review Panel – our panel considers the referral from a Melbourne IVF fertility specialist to ensure it meets the legal requirements and our guidelines for eligibility.
- Initial counselling stage – the commissioning couple/individual and surrogate (and partner if applicable) attend separate appointments with the same counsellor.
- Psychological assessment – all parties to attend appointments scheduled over a six-week period.
- Second counselling stage – the commissioning couple/individual and surrogate attend further counselling.
- Independent legal advice – the commissioning couple/individual and surrogate (and partner if applicable) seek independent legal advice.
- Third Counselling stage – the commissioning couple/individual and surrogate (and partner if applicable) attend final counselling prior to application to the Patient Review Panel.
- Melbourne IVF Surrogacy Review Panel – our panel reviews the documentation required for your application to the Patient Review Panel.
- Patient Review Panel application – parties to the surrogacy arrangement apply to the Patient Review Panel to set a hearing date. All parties must attend the hearing after which the Panel must provide written decision within 14 days of the hearing.
- Satisfying the above requirements does not guarantee approval by the Patient Review Panel for a surrogacy arrangement to proceed.
- Final Counselling – once the patient review panel grants approval for the surrogacy arrangement, all parties must attend a final counselling session to complete consent forms.
- Nursing Information session – the commissioning couple/individual and surrogate attend a session to discuss treatment cycle.
Find out more about our surrogacy program:
> Phone our Surrogacy Program Co-ordinator on (03) 9473 4611
> Contact us for further information about our surrogacy program
> Download our Surrogacy Patient Information booklet, which tells you more about the process of surrogacy
