Australian surrogacy laws a ticking time bomb, children risk growing up in limbo, senior judges warn

Diana Bryant

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.