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Surrogacy in Aus needs conversation, not just legislation

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In all jurisdictions of Australia, altruistic surrogacy has been the only recently recognized surrogacy that has become legal. However, in all states and the Australian Capital Territory arranging commercial surrogacy is a criminal offense, although the Northern Territory has no legislation governing surrogacy at all and there are no plans to introduce laws on surrogacy into the NT Legislative Assembly in the near future. Moreover New South Wales, Queensland and the Australian Capital Territory have made it an offense for residents to enter into international commercial surrogacy arrangements with potential penalties extending to imprisonment for up to two years.
Crucial recent events have taken its toll on our country and its reputation and shown why such laws need to be relaxed in our country. This of course is the case of baby Gammy. The sad case of Thai-born Gammy, the critically ill baby boy with Down syndrome, seemingly and evidently abandoned by the Australian parents who paid an unusable Bangkok reproductive clinic to have him, has turned a spotlight on the delicate commercial surrogacy market. David Farnell and his family were sucked into the international spotlight after Thai surrogate mother Pattaramon Chanbua accused him and his wife Wendy Li of abandoning “their” baby son, Gammy, in Thailand. 
Ms Chanuba said Gammy, who has Down syndrome, was left behind but Mr Farnell and Ms. Li brought his healthy twin sister back to Western Australia. On an a probing one-hour discussion with 60 minutes with David & Lisa Farnell, Tara Browns sparked an international media frenzy with being sparked with 11,000 tweets while the program had aired. Brown had really stepped on the toes of the Farnell’s with confronting questions, and ‘shaming’ words. It was powerful, compelling television. Of course, it is these unashamedly emotive moments that give rise to accusations of ‘‘tabloid’’ journalism. But there’s a difference between emotion and sensationalism. There is nothing wrong with fair, focused journalism packing an emotional punch. It helps people care and want to be educated about these crisis’s in our world. It draws attention to broader issues; in this case, 
the ethical and legal issues surrounding international surrogacy.But while events in Thailand capture the news, the reality is, that if Australia does not reform existing barriers, costs and bans on surrogacy, then desperate Australians, mainly young couples, will eventually are forced to 
consider dodgy and delicate international surrogacy.
So why cant Australia help this situation out and start to relax the laws of surrogacy? It really beats me. If we can start to help these desperate couples who are fighting for a chance of parenthood, we could save the a lot of money and disappointment. 
Surrogacy Australia spokesman Sam Everingham stated that “around ten per cent of families get burnt by their foreign surrogacy experience and can face massive medical costs and end up without a child”. The aim of legalizing commercial surrogacy is not to induce women to do something they would not otherwise consider by offering a get-rich-quick plan or career path. A carefully designed system as a gentle nudge for a woman already ready to help out would be recommended. Is the idea confronting, scary, distressing? Yes, it is all that. But with quickly evolving reproductive technologies and research, we are already finding the confusing results of sperm donors, egg donors, embryo transfers and the like. I think we are ready enough to try this. Or we can continue with business as usual: keep dumping our social problems in poorer countries as we wait for something new to happen.  


Surrogacy is a pre-planned arrangement, often by individuals and couples who yearn to become parents and an involved different genetic contributions from the commissioning parents. The constant reminders of the difficulty of having a baby demands incredible personal discipline to not be overcome by disappointment and frustrations. It also demands the ability to not give up and remain positive, despite the reality that the longer it takes the less chance of achieving the birth of a baby. These are the human significances. 
The emotional aspects are bad enough but the policy issues around surrogacy are a nightmare in themselves. This is why Australia need to take this issue seriously and start acting on it.