Surrogate mothers to claim loss of income from parents under new laws

Surrogate mothers to claim loss of income from parents under new laws

Sarah Jefford estimates she was left up to $20,000 out-of-pocket after using her own egg to carry a baby for a same-sex couple.

The self-employed Melbourne lawyer who now specialises in helping people through their legal surrogacy arrangements said her business took a hit. She also paid for maternity clothes and other expenses like massage appointments.

"Most surrogate mothers struggle to break even and are almost always left thousands of dollars out of pocket," Ms Jefford said.

Sarah Jefford was a surrogate mother for two gay men. She gave birth to a daughter for them last year using her own egg.


Under sweeping changes introduced by the Victorian state government this week, surrogate mothers can now claim loss of income capped at two months from the baby's intended parents.


This includes leave for the birth and any other period they are unable to work during the pregnancy on medical grounds.

The median weekly wage for women in Australia is $950, according to the Australian Bureau of Statistics. This means a surrogate mother on this wage could claim about $7600 if reimbursed for the full two months, but the payment would vary greatly depending on the woman's occupation.

Ms Jefford welcomed the changes, which also allow women to be paid for maternity clothes, childcare and services such as cleaners. Previously, they could only claim costs for travel expenses, medical bills and legal support.

Ms Jefford became a surrogate mother after the turmoil of struggling to get pregnant with her eldest son Archie, 9, through IVF. She later conceived her youngest son Raff, 6, naturally.

"Infertility was pretty rotten," Ms Jefford said. "I figured I had fertile eggs I don't need so if I could help others I would."

She met Nate and Mike through a surrogacy website and gave birth to a girl, Darcey, in January last year. The families remain close and Darcey calls Ms Jefford 'Aunty Sarah'.

"She's a bit too young to understand our relationship but she knows we are part of her family and who she is," Ms Jefford said.

During her pregnancy women often remarked to Ms Jefford: "I don't think I could hand over the baby that I'd grown."

But Ms Jefford considered her family to be complete. She wanted other parents to experience the joy she had from motherhood.

"I loved and nurtured Darcey as if I was carrying my own child, but it was all about intention," she said. "It was the most amazing feeling seeing the baby be handed over to the parents she was intended for. There was no sense of loss or grief because we never intended to take Darcey home with us."

Commercial surrogacy is illegal in Australia and surrogate mothers face up to two years' jail if caught accepting money.

Surrogacy Australia chief executive Sam Everingham said Victorian couples could expect to pay between $15,000 and $100,000 for surrogacy, with the cost largely dependant on the legal arrangement they reach with the altruistic surrogate.

It is estimated about 70 babies are born in Australia each year through surrogacy, compared to about 300 babies born to foreign surrogates.

This month, India followed Thailand, Nepal and Cambodia in outlawing commercial surrogacy after years of exploitation of surrogate women at the hands of brokers and clinics. Ukraine and Greece have now become go-to countries for couples seeking overseas surrogacy, with the cost for a legal surrogacy program upwards of $65,000.

“We are thrilled about the changes which make it much fairer about what women can claim,” Mr Everingham said. “It also brings Victoria in line with all other states in Australia.”

But he said there was still a need for tighter regulations around screening surrogates and matching them with suitable intended parents.

"As the Victorian law stands independent organisations such as ours can't meet or screen potential surrogates so many couples meet surrogates online without any sort of screening and it causes all sorts of problems," he said.

Victorian Health Minister Jenny Mikakos said the changes made it easier for surrogates to reimbursed for the costs they incur by selflessly helping others start a family.

"While IVF can be a life-changing experience for many families, it can also be an emotional and financial rollercoaster," she said. "We’re doing what we can to help."

The changes were a recommendation made by health lawyer Michael Gorton who led a landmark review into the state's fertility industry.

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