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Surrogacy is a pathway that often comes with many legal obstacles and very high costs. With the Australian Law Reform Commission currently reviewing surrogacy laws, the ABC’s Compass program has been looking into the practice. They've met with couples turning to surrogacy to start their families and also looked into why some women call the pathway empowering while others warn it's exploitative.

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00:04how far would you go to start your own family even though we've tried different ways and
00:10options of having a baby nothing worked out they're desperate to grow their family some
00:16of them have long histories of infertility or pregnancy loss or cancer treatment and
00:21I think we can all feel sympathy for that story the surrogacy industry is worth billions of dollars
00:29starting at around a hundred thousand dollars per child is a realistic cost but here in Australia
00:37it's illegal to compensate surrogates for their time and the risk when we look at labor that is
00:44traditionally considered female labor women's work it is often devalued I think it's exploitative to
00:51expect a woman to work for free while everybody else makes money off her back supporters view the
00:58practice as a modern and miraculous way to have kids I'm just wanted and loved I'm not a transaction
01:04at all but critics warn it grooms and exploits women it never occurred to me that I could back out
01:12of it
01:12that would be refusing to allow them to have a child and turns babies into commodities it really
01:20can't be separated from the sale of children so can we minimize harm without curtailing freedoms and
01:29is our current system driving would-be parents into risky costly and legally tenuous arrangements
01:35overseas well it's called my body your baby and compass presenter who you just saw on your screen as
01:42well Siobhan Marin joins us now in the studio thank you so much for coming in my pleasure just tell
01:47us what
01:47the laws are around surrogacy here in Australia yeah so firstly it's complicated there's a patchwork
01:53of laws that really depends state to state but across the board altruistic surrogacy is allowed
01:58and that means that the surrogate the woman carrying the baby can't be paid at all she can't profit from
02:04it she can be reimbursed for medical costs you know time missing from work etc but there's a bunch of
02:09other laws that make things really complicated in some states you have to be over 25 years of age and
02:15already had your baby to become a surrogate in some states you can't advertise that you're looking
02:20for a surrogate or that you want to be a surrogate and there's also laws that prevent some Australians
02:26from going overseas to access commercial surrogacy but we have seen situations that ABC's reported on
02:32where couples have done that and technically broken the law but they haven't faced prosecution
02:37yeah so when people are looking to do this overseas what are the hurdles involved there both legally
02:43and cost wise as well oh it's really complicated I think most people that I've spoken to at least
02:49would always prefer to have their baby in Australia but unless you know somebody a family member or a
02:55friend who's willing to carry for you it's hard so people going overseas it can be in the hundreds of
03:01thousands of dollars realistically I spoke to one couple who are in the program Edward and Lewis
03:07they decided to do what's known as a parallel surrogacy journey so they had two babies at the
03:12same time one's related to each of the fathers and they have the same embryo you know egg donor
03:19and for them it was above two hundred thousand dollars and that's not including you know flights
03:25accommodation because you often have to stay in these countries for a long time to figure out the
03:30paperwork and ensure that when you return your baby will be seen as an Australian citizen
03:35you met that couple they have one particular perspective on surrogacy who else did you meet
03:40in the program yeah so I spoke to people with a range of different perspectives there was one woman
03:44Catherine who is an abolitionist and what I find really interesting is that there are people across
03:50the world who are very anti-surrogacy because they see it as exploitative of women and essentially
03:56the sale of children of course there are massive concerns particularly with overseas surrogacy
04:03arrangements but for Catherine it should be abolished in Australia she doesn't want our laws to be
04:08relaxed even further she's against altruistic surrogacy so she had one perspective but I also spoke to a
04:14young woman called Izzy who was a baby of surrogacy and she's now got her own child and she says
04:21that look I
04:22was loved by my parents who raised me and it doesn't matter if I came through a surrogacy arrangement
04:29you know I've had a wonderful life so it's one of those topics that really divides people and it is
04:36ethically complex that's one of the things I found so fascinating watching this episode of the different
04:41experiences you know so for one person it can be this miraculous incredible way to start a family
04:47family that they've wished for for many many years but for other people it can be full of pain and
04:52trauma for for the women and and the children as well yeah exactly so we also spoke to a woman
04:58we're
04:58calling Fiona we had to change her name for legal reasons she carried a baby for her sister so it
05:03was
05:03an altruistic model but that doesn't mean that it's ethical you know families can be really complicated
05:09sometimes there's an internal pressure to look after your sister who can't have a baby
05:14and for Fiona that pregnancy um it triggered close to perinatal psychosis she became suicidal it was a
05:23really traumatic experience for her both the carrying of the baby and the birth and she she doesn't want
05:30to balance surrogacy outright but she says that people really need to be careful and it's not a fairy
05:36tale in every situation Siobhan the Australian Law Reform Commission is currently reviewing surrogacy laws
05:42what do you think is likely to come from that yeah it's complicated I don't want to speculate too much
05:46but uh I
05:47spoke to one lawyer Sarah Jefford who specializes in surrogacy law and she's one of many who are pushing for
05:52compensation um so that women who choose to be surrogates in Australia are compensated for their time it's
05:58important to note that it would be over the course of the pregnancy um so that it's not an a
06:04cash exchange at the
06:05end when there's a baby because of course that does feel like the sale of a child um so it
06:11remains to be
06:12seen whether that will be the case uh July 29th is when we are hoping to see the review but
06:18until then
06:19hopefully people can tune into the episode and really you know contemplate how they sit with these
06:23issues it's a fascinating story thank you so much Siobhan Maren for coming in and speaking to us
06:28about it pleasure and you can watch that full episode of compass today at 6 30 p.m on abc
06:34tv and of course anytime on
06:36abc iview as well
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