DIAC_SurrogacyInfo - Embassy of Australia

Embassy of Australia

United States of America

Embassy address: 1601 Massachusetts Ave, NW Washington DC 20036 - Telephone: (202) 797 3000 - Fax: (202) 797 3168

Children born through surrogacy arrangements applying for Australian Citizenship by Descent

Information about applying for Australian Citizenship by Descent

Please access our website for information and instructions related to Australian citizenship by descent.

Please access our checklist for instructions for how to lodge an Australian citizenship by descent application in Washington.

Children born through surrogacy arrangements

Anyone considering entering into a surrogacy arrangement outside Australia is urged to exercise extreme caution. They should make sure they are well informed of the Australian legislative requirements for registering such a child as an Australian citizen by descent, and should ensure they are aware of the legal status of surrogacy in the country in which the arrangement is to occur.

Australia is a party to the United Nations Convention on the Rights of the Child and the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, which include obligations to ensure the best interests of the child are a primary consideration in relevant actions, and aim to prevent the abduction, sale and trafficking of children.

Applications for Australian citizenship by descent for children born outside Australia as a result of surrogacy arrangements are assessed according to legal requirements set out in the Australian Citizenship Act 2007 (the Citizenship Act), and the policy guidelines set out in the Australian Citizenship Instructions.

Under these guidelines, a child born overseas as a result of a surrogacy arrangement may be eligible for Australian citizenship by descent if at least one of the biological parents is an Australian citizen who has been granted full parental rights by a court of law.

In addition to the general documents required for applications for Australian citizenship by descent, applications for Australian citizenship by descent for children born as a result of surrogacy arrangements need to be accompanied by:

• evidence that the child is the biological child of the intended parent; and
• evidence that this parent is also recognised as the legal parent of the child and that the surrogate mother and her husband or partner (if applicable) has relinquished all parental rights over the child.

Evidence of the above must be in the form of:

A statement from the doctor to the court stating clearly that genetic material from one or both of the intended parents has been implanted in the surrogate mother (note: the court may require DNA tests to confirm the genetic material of all parties); AND

a confirmation of the doctor’s statement regarding the person/s donating the genetic material; AND

court documentation stating clearly the legal custody of the surrogate child and waiving the rights of the surrogate mother and her husband or partner (where applicable).

This office may request that a client undergo DNA testing to confirm parentage. Please DO NOT undergo DNA testing prior to having it been specifically requested by this office. Further information regarding the procedures and arrangements will be provided by a case officer.

If you require additional information, please contact the Information Service for Australian Visas.