Chapter 3: A Day in the Life

‘It's complex, but it's also fascinating, which is why I love it.’ Sarah’s day-to-day as a Surrogacy Lawyer rarely looks the same. Three of her five working days are client-facing, mostly over Zoom, allowing her to advise clients in Australia and beyond. ‘Like today, I'm speaking to somebody who's actually in China. They're Australian, but they're in China, and they're going to do surrogacy in the United States.’

The remaining two days of her week are spent drafting surrogacy agreements and letters of advice, as well as responding to emails and negotiating with the lawyer representing the other party in the surrogacy agreement. She also liaises with counsellors, ensuring that both the surrogate and intended parents complete their required psychological assessments and counselling as part of their surrogacy journey.

On some occasions, Sarah finds herself in a court hearing where she applies for Substitute Parentage Orders, the court’s formal transfer of legal parentage from surrogate to intended parents. These hearings are usually short but joyful as the judges are often ‘excited’ to grant the order.

Outside the courtroom, Sarah works to combat common misconceptions about surrogacy, frequently speaking to the media or schools to bridge the gaps in knowledge about surrogacy. She continues to update her blog, which remains a go-to resource for families navigating surrogacy. ‘I hope that if people see it in the news, they get a different idea of what surrogacy is.’

Chapter 4: Compassion is Key

In reality, ‘most [surrogates] have a really lovely, trusting relationship between them and the intended parents.’ However, on the rare occasion that disputes arise, they usually fall into one of three categories: money, medical decisions, and expectations about contact post-birth. Financial tensions may emerge if a surrogate needs extended time off work and requires compensation for her lost income. Difficult medical decisions, such as a medically recommended pregnancy termination, may cause a rift between the parties, as the surrogate, who remains the legal parent until the parentage order is granted, is the one who must give final consent. Occasionally, mismatched expectations about how much time the surrogate will spend with the baby after birth can cause disappointment. In these situations, Sarah’s role is to mediate. ‘What I do is work with the counsellors to try and provide that support for the surrogate and for the intended parents, to try and bring them back together.’

Sarah emphasises the value of compassion and kindness when working in this emotionally charged space. ‘What I noticed from the feedback that I get from clients who are happy with me is that they feel like they’ve been heard and that somebody’s cared about them.’ Reflecting on the broader legal culture, she adds, ‘What they might have experienced with other lawyers is that they’re just a number or [the lawyers] are a bit cold or they’re charging by the minute. They don’t feel like they’re being cared for. I feel that particularly in family law and surrogacy, it is about care because they are coming with their very vulnerable stories.’

Chapter 5: Looking Ahead

While surrogacy law remains a niche and underrepresented area of legal practice, the work is steadily growing and becoming more common in Australia. The Australian Law Reform Commission is currently reviewing Australian surrogacy laws to identify necessary policy reforms, signalling a shift towards greater recognition of the field.

As awareness grows and more lawyers become interested in this work, Sarah hopes to mentor and support the next generation of practitioners interested in building up their own practice.