Parents of surrogate child are denied legal status by Victoria's state law

Australian Senator Stephen Conroy and his wife may be forced to leave their home in Victoria, Australia, to escape state laws that do not recognise them as legal parents of their child, which was born to a surrogate. The Victorian Law Reform Commission said that the state's Infertility Treatment Act makes all surrogacy agreements in the state void. Victorian law says that 'the surrogate mother and her partner, if any, are the child's parents, regardless of any agreement or arrangement between the parties'.

The couple sought a surrogate because Mr Conroy's wife is unable to give birth herself after suffering from ovarian cancer. They have refused to disclose the identity of the surrogate, only saying that she is a close friend. Even though Mr Conroy used his own sperm in the procedure, Victorian law only recognises the adoptive parents of a surrogate-born child as the legal parents if they are related to the surrogate. Mr Conroy and his wife can, however, apply for a parenting order from the Family Court of Australia. This would grant them legal rights over the child until she turns 18, but the surrogate mother would still legally be considered her mother. The couple can also seek to adopt the child. A spokeswoman for the Department of Community Services said that 'it's the same as the process that step-parents wanting to adopt a child would go though'.

In a meeting of Australia's Attorneys-General on the issue it was agreed in principle that couples should not have to travel to another state to escape restrictive surrogacy laws in their home state. Philip Ruddock, the federal Attorney-General, said that 'in a federation like Australia, it is not satisfactory that people are forced to effectively forum-shop for the best deal'. In a draft report on surrogacy, The Victorian Law Reform Commission has also argued for more clarity, criticising the current position of the law in the state.