S A R A H J E F F O R D
S A R A H
J E F F O R D
Australian Surrogacy Podcast
More Than Just a Baby, a
guide to surrogacy for intended parents and surrogates.
S A R A H
J E F F O R D
A guide for surrogacy teams and healthcare providers
Sarah Jefford
Surrogate and Surrogacy Lawyer
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S A R A H
J E F F O R D
Language
Surrogacy in Australia
Patient Rights and Care
Pregnancy Care
Bodily Autonomy, Privacy and
Information-Sharing
Birth Planning
Birth Photography
Milk & Feeding
Registering the Birth
Medical Treatment of Baby
Leaving Hospital and Postnatal Care
Medicare
Post-Birth Counselling
Applying for the Parentage Order
Resources and Information
Birth Plan template
Parenting Plan template
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J E F F O R D
Birth mother:
Birth parents:
Traditional Surrogacy
Intended parent/s:
Gestational Surrogacy
Parentage Order:
S A R A H
J E F F O R D
Intended parents
laws
altruistic
counselling
legal advice
not enforceable
bodily autonomy
registered
legal parents
Parentage Order
The Legal Context
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A note to healthcare providers
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S A R A H
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One-to-one care
Birth education and
parentcraft
present
for the birth
Birth photography
should
milk
and feeding
separate room
discharges
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S A R A H
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S A R A H
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induce lactation
breastfeed
expressed
formula-
fed.
combination
S A R A H
J E F F O R D
birth
parents
original birth certificate
intended parents can
choose
not
Parentage Order
S A R A H
J E F F O R D
S A R A H
J E F F O R D
Parenting Plan
S A R A H
J E F F O R D
S A R A H
J E F F O R D
S A R A H
J E F F O R D
Surrogacy Agreement
pre-conception
counselling
legal
advice
medical evidence
birth
certificate
IVF
clinic
PRP
RTC
S A R A H
J E F F O R D
The Australian Surrogacy Podcast:
The Australian Surrogacy Handbook:
More Than Just a Baby: A Guide to Surrogacy for
intended parents and surrogates:
Birth Plan (Surrogacy)
Name
Role
Birthing Person
Surrogate’s partner
Doula/Support Person
Intended Parents
Photographer
We are a surrogacy arrangement whereby Surrogate is carrying a baby for Intended Parents.
This is Surrogate’s # pregnancy, and the Intended Parents’ #first/second baby.
Labour and Birth/Delivery
Pain Relief
• Surrogate expects to birth without drugs and will rely on the
use of a TENS machine, hot water, movement and
massage.
• Surrogate intends to have rely on gas/pethidine/epidural for
pain relief.
Delivery
• Surrogate does not wish to have any routine vaginal
examinations and the Intended Parents will leave the room
during any VEs.
• Surrogate wishes to be left to labour without intervention,
where possible.
• Surrogate prefers Doppler to CTG monitoring
• The Intended Parents will discover whether Baby is a boy or
a girl.
Placenta Delivery and
Cord
• Baby to be placed on Surrogate chest until the placenta is
delivered
• The Intended Parents will ‘catch’ baby and have first cuddle
if possible.
• The Intended Parents to receive baby while cord still
attached, after placenta delivery
• Delayed cord clamping and cord to be cut by one of the
Intended Parents.
• Physiological fourth stage where possible, with Baby on
Surrogate’s chest.
• Surrogatewill give Baby the first feed
Skin to Skin Contact
• Once Baby and the placenta are delivered and presuming
no complications, Surrogate will hand Baby to the Intended
Parents
• Surrogate will have skin-to skin until placenta has been
delivered.
• The Intended Parents will then have skin to skin contact with
Baby
Birth Complications
• If there are complications during or post birth Surrogate
requests that their partner will be their primary support
person
• C-section – it is expected that both the Intended Parents will
be in theatre if possible. The surrogate’s partner will wait in
another room [or] Partner will be in theatre while the
Intended Parents remain in recovery.
• Everyone will remain together in theatre and recovery,
where possible
• If there are complications with Baby, then The Intended
Parents will accompany Baby while surrogate’s partner will
remain with Surrogate.
First Moments
• Regardless of the birth, it is important that Surrogate has a
clear line of sight to the Intended Parents receiving, seeing
or meeting Baby for the first time.
• As this is an important moment, allowance needs to be
made for this to be recorded by photo and video.
• If Surrogate is unable to witness these first moments then it
is particularly important that these moments be recorded.
After Birth Plan and Care
Hospital Rooms / Stay
• It is requested that the Intended Parents are accommodated
in a separate room with Baby.
• We expect to remain in hospital for 24 hours even where
birth is uncomplicated.
• The Intended Parents will be on the primary visitor list if
Baby is admitted to NICU and they are to visit Baby without
Surrogate’s presence being required.
Consent for Baby
• Any decisions about medical treatment or procedures for
Baby to be discussed with Surrogate, the Intended Parents
in the same room. Surrogate will sign any required consent
forms after discussion with The Intended Parents.
Feeding Baby
• Surrogate will express colostrum pre-birth which will be
frozen and brought to hospital for Baby.
• The Intended Parents will feed Baby formula in addition to
any milk provided by Surrogate.
• Surrogate has the support of lactation professionals and will
express for Baby [or]
• Surrogate will not provide milk for Baby and will seek
assistance to inhibit lactation.
Baby Hospital Care
• The Intended Parents will provide all care to Baby and need
to be supported the same as any new parents and provided
with parent craft education.
Leaving the Hospital
Discharge Process
• Baby is to be discharged into the care of the Intended
Parents. Surrogate will leave hospital when she is ready;
Baby will leave when s/he is ready.
• If the hospital requires written authority for Surrogate to be
discharged separately, a Parenting Plan can be provided to
the hospital.
Follow up Contact and
Care
• The Intended Parents’s details to be listed as the primary
contact point.
• Surrogate, the Intended Parents and Baby will be in the
same location for the midwife home visit so that appropriate
follow up care and support can be provided to all parties.
• Any referrals for ongoing parenting support to be given to
The Intended Parents. Surrogate will seek postnatal support
from her GP and Doula.
Page 1 of 5
______________________________ & ______________________________
INTENDED PARENT 1 INTENDED PARENT 2
AND
______________________________ & ______________________________
SURROGATE SURROGATE’S PARTNER
SURROGACY PARENTING PLAN
Sarah Jefford – Family & Surrogacy Lawyer
Wurundjeri Country
PO Box 366
BATMAN VIC 3058
www.sarahjefford.com
Email: sarah@sarahjefford.com
Page 2 of 5
THIS AGREEMENT
BETWEEN _______________________________________ (intended parent) and
_______________________________________ (intended parent) of
____________________________________________ (address)
AND _______________________________________ (surrogate) and
_______________________________________ (surrogate’s partner)
of ____________________________________________ (address)
RECITALS
A. ___________________________ (surrogate) was born
_______________________ (date) and is now aged ____ years.
___________________________ (surrogate’s partner) was born
_______________________ (date) and is now aged ____ years.
B. ___________________________________________ (surrogate and partner)
live in _________________ (suburb) with their family.
C. ___________________________ (intended parent) was born
_______________________ (date) and is now aged ____ years.
___________________________ (intended parent) was born
_______________________ (date) and is now aged ____ years.
D. The parties entered into a surrogacy arrangement pursuant to the
___________________________________ (surrogacy legislation).
Page 3 of 5
E. The surrogate conceived a child in __________________ (month) with the
intention that the said child would be relinquished to the care of the intended
parents immediately upon the child’s birth.
F. The pregnancy is expected to reach 40 weeks’ gestation on
_____________________ (date).
G. The surrogate is attending at the __________________________________
(hospital), for antenatal care and treatment.
H. The parties intend to seek a Parentage Order after the birth. The Parentage
Order application cannot be made prior to the baby reaching at least one
month of age.
I. The surrogate and partner do not intend exercising parental responsibility for
the child. This Parenting Plan is intended to provide the intended parents with
full parental responsibility for the child immediately after the birth and pending
the making of the Parentage Order.
J. The parties intend that this Parenting Plan will be relied upon by hospital staff
in their care of the child.
Page 4 of 5
OPERATIVE PART
1. The parties agree that:
(a) Upon the birth of the child, the surrogate and partner shall relinquish
parental responsibility to the intended parents.
(b) If the child requires any specialist care after the birth, the intended
parents shall be in attendance and shall be consulted as to diagnosis,
treatment and care of the child;
(c) The surrogate may be discharged from hospital separately to the
baby. The baby can be discharged directly into the care of the
intended parents.
(d) The surrogate and partner shall sign all such documents as
requested by the intended parents for the treatment of the child and
the discharge of the child into the intended parents’ care.
(a) Upon the child’s discharge from hospital, s/he shall live with the
intended parents and they shall be responsible for all the child’s care.
Page 5 of 5
Execution page
DATE: _______________________________
SIGNED BY THE PARTIES
SIGNED BY
)
)
(intended parent 1 signature)
SIGNED BY
)
)
(intended parent 2 signature)
SIGNED BY
)
)
(surrogate’s signature)
SIGNED BY
)
)
(surrogate’s partner signature)