On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police, she was sold by her mother to her prospective husband Mohammad Ali Halimi for $15,000.  Ms Hidari was in contact with police prior to the marriage.  Nevertheless, despite police efforts, she went through with the marriage and ..read more

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t work out: on the part of the surrogate, that intended parents have not kept their solemn promises; and on the part of the intended parents- that their greatest fear has materialized- that the surrogate has decided not to relinquish the child, or has potentially harm ..read more

Health Minister Mark Butler’s office has responded to our director Stephen Page’s request to provide Medicare for surrogacy, with a wait and see response. Stephen had again written to Butler to try and have the exclusion in Medicare for surrogacy removed. Surrogacy was excluded from Medicare benefits in 1991 (when surrogacy was illegal across Australia). While surrogacy has long been legalised across Australia, this exclusion has remained, making the process of becoming parents through surrogacy in Australia more expensive and stressful. The cost to the taxpayer of removing the exclusion is ab ..read more

We are indebted to one of Greece’s leading surrogacy lawyers, Maria Vastaroucha, for writing the article below on steps to take to ensure a safer surrogacy journey in Greece. Maria’s contact details are at the end of the article. The article is published on our website with her permission.  Steps to take to ensure a safer surrogacy journey in Greece: 1. RESEARCH Ensure your surrogacy journey follows Greek Surrogacy Law, Greek National Authority of Assisted Reproduction (EAIYA) regulations and guidelines and the Greek Code of Contact for ART techniques. Try to look at all the options avail ..read more

On 11 September 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Law Society of South Australia about the “Surrogacy Act 2019 (SA)”. Surrogacy in South Australia is primarily regulated under this Act, which commenced on 1 September 2020, and is administered by the Attorney-General. With this paper, I have attached my paper on the Surrogacy Act 2022 (NT) presented to the Family Law Section last year. The NT Act commenced in December 20222. DOWNLOAD THE PAPER HERE.   Disclaimer: Every effort is made to ensure the accuracy of the informati ..read more

One of the most irksome issues for parents through surrogacy is the issue of a passport. For some years, the Australian Passport Office has taken the view that when the child is born overseas through surrogacy that the surrogate is one of the parents- as she gave birth. It doesn’t matter if the foreign court order or law says that she is not a parent – the Australian Passport Office has clung tenaciously to this view. This view of who is a parent has caused parents all kinds of grief when parents have applied to have a passport issue. If they did not have a court order in the right wording, ma ..read more

The United States remains the most popular place for Australian intended parents to undertake surrogacy, according to figures from the Department of Home Affairs. Australian children born overseas in the years ended 30 June 2020, 2021 and 2022 have been: Australian overseas surrogacy births 2020-2022 2020 2021 2022 275 223 213 The top 6 countries for Australian children born overseas through surrogacy: 2022 Rank Country Births 1 USA 99 2 Ukraine 49 3 Canada 21 Equal 4 Georgia 7 Equal 4 Colombia 7 6 Thailand 6 Total top 6   189 Total births   213 Percentag ..read more

Greece has been rocked by a surrogacy scandal, with eight staff members at Crete’s Mediterranean Fertility Institute being arrested and charged with human trafficking, illegal adoption, purchase and sale of genetic material, falsification of medical file data for the purpose of selling genetic material, forgery, false medical certificates, fictitious marriages and fraud. The clinic has been closed by police. Children who have been born from the clinic are under police guard, and eggs, sperm and embryos are now under the control of Greek authorities. The head of Greek’s National Organisation ..read more

I cried when I was on my way to work when I heard the story on the radio. Finally, a story of courage, with a moment of joy and relief. No longer invisible. In the 2021 census, parents and families were only counted when there was a mother and a father. Families like mine, where are there are two dads or two mums, were simply not counted. I had to say who my daughter’s mother and father were and what country they were born in. There was no recognition that a child could have two mums or two dads – even though the law has long allowed for these – and they exist. April Long was not only annoyed ..read more

Stephen Page recently delivered a paper to the Monash University Ethics and Law in Embryology. He said “I was honoured to again lecture Monash University embryology students. My paper is set out below.” As Judge Clare SC said about a child in 2012: “LCH is a long awaited and precious gift, much loved by his family and a miracle of modern medicine.  When his biological parents were unable to conceive naturally, his aunt grew and nurtured LCH in her body for them.” Or as put in 2020 by another judge: “Rarely, if ever, are the Courts of the land asked to make orders pursuant to an applicatio ..read more