Australian Family and Fertility Law

Overseas surrogacy births now recognised in Australia

Stephen Page

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In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page explores a monumental legal update for families formed through international surrogacy.

Stephen breaks down the practical impact of the Family Law Regulations 2024, which commenced on 1 April 2025 and breathed much-needed life into Section 69R of the Family Law Act. He explains how this crucial update finally allows for the automatic presumption of parentage for children born in prescribed overseas jurisdictions. Examining the recent Federal Circuit and Family Court case of Allbring & Barsotti, Stephen highlights a major victory for a gay couple who successfully had their United States surrogacy journey legally recognised. He also reflects on the profound words of Judge Harland, who emphasised the necessity of ending discrimination against children born via surrogacy and upholding their fundamental right to identity.

In This Episode:

  • The commencement and impact of the Family Law Regulations 2024
  • Understanding Section 69R of the Family Law Act
  • The landmark Allbring & Barsotti parentage case
  • Which international surrogacy destinations are legally prescribed
  • The historic discrimination against children born via surrogacy
  • Protecting a child's right to identity and legal parentage

To seek expert advice for your family law, surrogacy, or fertility law matters, contact our experienced team today: https://pageprovan.com.au/

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