Written by Tiffany Lu

8 Things I Learnt From Interviewing A Surrogacy Lawyer

Last week, we interviewed Sarah Jefford, an accomplished surrogacy lawyer who has made a name for herself through her blogs, podcast, and legal practice. Sarah’s journey into this field began with her own experience as a surrogate and has since evolved into a mission to raise awareness and break the stigma surrounding surrogacy.

Here are 8 lessons I took away from our conversation.

How Surrogacy Works

1. The surrogate is the legal parent of the child at birth

In Australia, the surrogate, not the intended parents, is the legal parent of the child at birth, and this remains the case until the court grants the intended parents a Parentage Order. This principle comes from the Latin phrase, mater semper certa est, meaning, ‘the mother is always certain’; therefore, in family law, the person who gives birth to a child is presumed to be their legal parent since they delivered the baby. Only once the legal process is complete can parentage be formally transferred.

2. There are 4 different types of parentage

  • Legal parents: The people recognised as the child’s parents at law

  • Biological parents: The person who carried and delivered the child

  • Genetic parents: The people who contributed genetic material to the child

  • Social parents: The people who raise and support the child

In Sarah’s surrogacy case, she was the child’s legal, biological, and genetic parent at birth. Her partner, by being married to her, was also recognised as the child’s legal parent at birth. Following the granting of a Parentage Order, the child’s intended parents are now the recognised legal and social parents, while Sarah remains the child’s biological and genetic parent.

3. The relationship between surrogates and intended parents is generally very peaceful

While media headlines about surrogacy often focus on disputes and broken relationships between surrogates and intended parents, Sarah stressed that the majority of surrogacy arrangements are marked by trust, care, and mutual respect. She also challenged the misconceptions that surrogates are exploited or that the process is about ‘buying and selling babies’. Drawing on her own experience and her work advising others, Sarah noted that surrogates are informed, autonomous, and in control of their decisions; a reality that rarely aligns with the more sensationalised narratives in the media. Of course, there are cases where exploitation or human trafficking is a genuine concern. In these circumstances, Sarah’s role is to support the surrogate in navigating their options and making the best decisions for themselves.

Advice for Law Students

4. Find a mentor!

Sarah stressed the importance of having a senior figure to turn to for guidance, support, and perspective. This mentoring relationship doesn’t have to be formal or structured; even an occasional coffee catch-up with someone who has a few years of workplace experience can be invaluable.

5. Get involved in uni societies and extracurriculars (for more than just career prospects)

Sarah’s involvement in her university’s law society not only expanded her network—it’s where she met her partner! She was President, he was Careers Director, and the rest is history. While networking opportunities and gaining experience for your CV are important, the real value comes from building genuine relationships along the way. 

6. Networking is not about the sales pitch!

Too often, students treat networking as a mini job interview, using it as an opportunity to list off all their accomplishments and make a good impression. Sarah encourages flipping the script by focusing on authentic conversation and shared interests. Many of her most meaningful connections have arisen organically from engaging with people she genuinely relates to and cares about. These natural connections tend to be more long-lasting and valuable over time.

What It’s Really Like Being a Lawyer

7. Legal information is gatekept

At the beginning of her journey into surrogacy law, Sarah was struck by how tightly legal information was gatekept. There is a notion that ‘if you want to get any information, you have to book in and pay for a lawyer’. This mindset only reinforces the stereotypes about lawyers being inaccessible and profit-driven. Drawing from her experience working at Legal Aid, Sarah knew that many people could not afford private legal help, but that shouldn’t prevent them from accessing information about their rights and options. These insights highlight the urgent need for greater transparency and wider sharing of information to promote informed and empowered decision-making.

          8. Lawyers still face a stigma

Although the legal industry is moving towards greater openness and accessibility, Sarah admits that the public perception of lawyers hasn’t entirely shifted; many still picture cold professionals who ‘charge by the minute’. She’s even noticed that once fellow parents at her childrens’ school discover her job, they sometimes pull back and distance themselves. This perception of legal professionals accentuates the ongoing need to break down the stereotypes about the industry and show the human side of the legal world.

Sarah’s insights highlight the complexities of surrogacy law and the importance of empathy, accessibility and authenticity in the legal profession. To read more about surrogacy law or Sarah’s journey, click here to read about our full conversation.