Wombs For Rent?

Local News, By Joal, 2nd July, 2008

For gay male couples who are keen to start a family, Australia’s legislation can make things pretty impossible. Those who can afford it are however finding ways around these obstacles by heading to the United States.

A News Limited report yesterday stated that Australian gay couples are now rivalling British counterparts in their use of United States fertility laws, which effectively allow couples to, as they call it, ‘rent’ wombs.

Dr Jeffrey Steinberg, medical director of Los Angeles’ The Fertility Institute said the clinic has “seen more than 125 gay couples from Australia who have gone home with a baby. We’re up to six to eight a month now, which is a four-fold increase over two years ago.”

Paid surrogacy currently isn’t an option in Australia, although in some states, couples can find ‘altruistic donors’ – women who are not paid to undertake surrogacy.

“We were simply unable to do [it] here unless we wanted to take the turkey baster option, and that wasn’t available to us,” said Simon, a gay man who is using the surrogacy program.

The flexibility and the options available to clients of the programs in America are not offered anywhere else. Prospective parents can choose the baby’s sex if they wish, and they can also choose to not know the donor. Although it comes at a price – between $US75,000 and US$80,000.

While campaigning for legislative change is happening in Australia, a spokesperson from Sydney IVF told media yesterday that Australian “community norms at this point in time would not support it here.”

When questioned on the topic in 2007, Prime Minister Kevin Rudd indicated the decision was a matter for the states.

“If, for example, you have parents deceasing and you have a set of arrangements where next of kin may be in a particular same sex relationship, then you need to have some discretion within the state adoption agencies to take care of those circumstances,” he said.

“That’s why I say these things are properly left within the discretion of state governments.”

South Australia passed law recognising the rights of biological parents who may have used a surrogate early last month. The move was opposed by Labor MP Ian Hunter however because it did not specifically ensure the rights of same-sex parents using a surrogate.

“I would love to be able to support a bill which didn’t discriminate against gays and lesbians but allowed gestational surrogacy, but I certainly cannot support a bill that enshrines into legislation discrimination once again,” he said.

“We fought that battle and we won it and I don’t want to retreat.”

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