BACKWARD TREATMENT OF WOULD-BE MUMS

The anxiety around legalising and regulating compensated surrogacy in Australia does not make sense and is in desperate need of an overhaul

It’s all about choice. Every woman should have control of her own body, whether she’s choosing to terminate a pregnancy, initiate a pregnancy … or carry a pregnancy for someone else.

While the world seethes in anger at the USA’S archaic abortion laws, with its Supreme Court overturning 50 years of precedent and revoking Americans’ constitutional right to terminate a pregnancy, the fact is that Australia is also backward when it comes to women’s rights.

But in our case, it’s not about ending a pregnancy, but beginning one. Just as with abortion, surrogacy is not a procedure that any woman wants to pursue. In both cases, these medical procedures are almost always the last option.

While surrogacy is legal in Australia, the arrangement must be altruistic. This means the surrogate cannot be paid for carrying a baby for someone else … because commercial surrogacy is illegal in all states in Australia.

In Queensland, it’s even a criminal offence to enter into a compensated surrogacy arrangement in another country. Yet still, women and men from this very city will risk their savings and their criminal record to travel overseas in a desperate attempt to become a parent.

Just ask Jennifer Robertson. The Gold Coast fertility coach had her first child through an altruistic surrogate, her sister-in-law, but regularly coaches other want-to-be parents through their quest, and says surrogacy is far from uncommon.

“So many of the women I speak to would love to use surrogacy but it’s all but impossible,” she said.

“Not only is it incredibly difficult to find someone willing to be a surrogate without any compensation, but you also have to subject yourself to so many tests, counselling sessions, legal services and more.

“It took us six months and a lot of money to get through all of the red tape.”

And the indignity doesn’t end there.

Under Australian surrogacy laws, the birth is registered in the state where the baby is born with the surrogate and her partner listed as the baby’s parents on the birth certificate. After the birth, the intended parents can apply to the court for a Parentage Order in the state where they live.

“We had to adopt our son, even though I’m his biological mother and my husband is his biological father. We still had to adopt him through the courts,” Jennifer said.

“After all the tests and counselling and legal documents, it was yet another instance where I had to prove to that I’m worthy of becoming a parent.

“We need to radically overhaul the way we do surrogacy in Australia.

“It’s working in other countries, but right now we’re just forcing people to go overseas and take risks.”

Indeed, the prohibition of compensation is problematic for a number of reasons.

Monash University senior lecturer in law and Deputy Director of the Castan Centre for Human Rights Law Ronli Sifris says from the perspective of the surrogate, it’s “inherently exploitative” to refuse to allow a woman to be paid for reproductive labour.

“Compensation is a matter of justice. It’s unjust to allow many of the people involved in providing surrogacy – clinics, lawyers, counsellors and others – to be compensated for their time and services, but not the person doing the most labour and assuming the greatest risk,” she says.

“And the obsession with ‘altruism’ amplifies problematic stereotypes and expectations of the ‘selfsacrificing woman’.

“The anxiety around legalising and regulating compensated surrogacy in Australia does not make sense. Australia’s legal system has the capability to do this, and in doing so, would minimise the risk of exploitation.

“This would also likely reduce the number of Australians going overseas for compensated surrogacy, with the risks and stresses that comes with that.

“The solution that best protects the rights of all involved, is for Australia to properly regulate compensated surrogacy so desperate intended parents aren’t forced overseas.”

For the intended parents, opening up compensated surrogacy creates choice and removes the stigma of fleeing overseas for a clandestine procedure.

But that’s not the only change we need to make.

“When I did IVF, Medicare covered 50 per cent,” says Jen.

“Yet the same procedure, but to be used with a surrogate, was entirely out of pocket. It felt like punishment for not being a ‘proper’ mum.

“As women, how many times do we need to be told that we’re not valued?” Whether in America or Australia, it’s the same sentiment.

Surrogacy is not a procedure that any woman wants to pursue...