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Birth of an Australian citizen via international surrogacy

  1.  Mackenzie

    Hello Doctor,

    We’ve a family from Caberra, Australia and for reasons I don’t want to make public are looking for a GS that could carry our baby for me. We’re Australian citizens, but for work reasons by husband needs to stay in the U.S. (St. Louis, MO) for 2 years and we were already planning to get started with the surrogacy arrangements there. We know our child will have the U.S. citizenship, but are not sure about the Australian citizenship… Is our country as lax as the U.S. or can we have problems giving our child an Australian passport? Please, we need some guidance.

    Thank you very much

    May 30, 2016 at 8:03 am
    #9650 Reply
  2. Sandra F. Sandra F.
    inviTRA's Moderator

    Hello Mackenzie,

    Yes, don’t worry, because a person born outside Australian territory can apply for Australian citizenship by descent with the Department of Immigration and Border Protection provided that s/he is the biological child of an Australian citizen. These children are entitled as long as they meet the requirements of the Australian Citizenship Act 2007 and the Australian Passports Act 2005.

    To do so, the parents should get an application for Australian citizenship by descent (which corresponds to Form 118) from the website of the Department of Immigration and Border Protection (click here to enter the website).

    Still, the Department of Foreign Affairs and Trade of the Australian Government strongly caution Australians to keep in mind all legal and other risks involved when traveling abroad in the pursuit of a surrogacy arrangement, as well as seek legal counsel from the very beginning. Every Australian starting a surrogacy program abroad should be familiar with the entry/exit requirements for respective countries (e.g. visas).

    As I mentioned earlier, a child born overseas may be eligible for Australian citizenship by descent as long as s/he has at least one parent who is an Australian citizen at the time of birth. In some cases, additional DNA testing or any other evidence may be required to prove the parent-child relationship.

    Please, take into consideration that, to obtain an Australian passport for a surrogate child, written consent signed by the intended parent(s), as well as the surrogate, is required.

    I hope I have been able to help,

    Best regards

    May 31, 2016 at 5:26 pm
    #9652 Reply
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