The Chief Justice of the Family Court has warned Australian laws on international commercial surrogacy are being breached, saying the issue is a “ticking time bomb” as children born from international surrogates reach maturity in Australia.

Diana Bryant called for a national inquiry into surrogacy, and described the current lack of legislation as “reckless”.

Chief Justice Bryant aired her frustration after seeing many cases before her court where commissioning parents – Australians who had gone overseas to secure a child via international surrogacy – could not prove who the mother was.

Evidence on genetic heritage is scant, and the Family Court is left with a situation where Australian laws are being breached, but the children have already been granted visas to be in Australia.

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