Australian Family and Fertility Law

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Colombia surrogacy — how intended parents, lawyers and IVF clinics work together to build families.

Stephen Page, Multi-award winning surrogacy lawyer and accredited family law specialist at Page Provan, sits down at the Growing Families Conference in Sydney with Colombian surrogacy lawyer Santiago Martínez of Martínez Díaz and fertility specialist Natalia Manjarres of Inser, Colombia.

In this episode:

• How a landmark case against the Colombian government helped shape surrogacy protections today
• Why Colombia has become a popular destination for international intended parents, including many from China and Australia
• How Inser and other Colombian IVF clinics use advanced technology like AI-assisted sperm and embryo selection
• How surrogates are vetted, matched and supported throughout the surrogacy process
• A response to UN concerns about surrogacy exploitation, and why "aligned expectations" matter

📞 Need advice? Contact Page Provan Family & Fertility Lawyers.
🌐 https://pageprovan.com.au

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Under South Australia's Surrogacy Act 2019, an interstate couple using a South Australian surrogate is, on the face of it, entering into an unlawful surrogacy agreement — even though no offence has been committed. In this episode of the Australian Family and Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page unpacks a little-known gap in South Australian law that catches out interstate intended parents.

Stephen explains that South Australia's Surrogacy Act recognises only two categories of valid surrogacy agreement: South Australian altruistic agreements, and interstate arrangements made under "prescribed laws." The problem is that those prescribed laws were never actually written — meaning any interstate surrogacy arrangement involving a South Australian surrogate falls outside the law's protection. Stephen shares what happened when he raised this with the South Australian Attorney-General expecting it to be corrected as an oversight, and the surprising answer he received.

In This Episode:

• Why South Australia treats "surrogacy agreements" differently from every other state's "surrogacy arrangements"
• What makes a surrogacy agreement "lawful" under South Australia's Surrogacy Act 2019
• Why the "prescribed laws" for interstate agreements don't actually exist
• What happens, legally, when a South Australian surrogate carries for interstate intended parents
• Why the South Australian government confirmed this gap was a deliberate policy decision, not an oversight
• Why intended parents, surrogates, and their partners all need tailored legal advice before entering a cross-border arrangement involving South Australia

If you're considering surrogacy involving South Australia and an interstate intended parent, get advice tailored to your situation before you proceed. Visit https://pageprovan.com.au/ to speak with our team.

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WA parentage orders — surrogacy parents in Western Australia have a six month window to register.

Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist at Page Provan explains.

In this video:
- Why WA is asking past surrogacy parents without a parentage order to register
- How the new Assisted Reproductive Technology and Surrogacy Act (expected mid 2027) affects your options
- Why the six month sunset period makes early registration important
- Where to get advice before deciding whether a parentage order is right for you

📞 Need advice? Contact Page Provan Family & Fertility Lawyers.
🌐 https://pageprovan.com.au

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NSW five women limit — Stephen Page explains why sperm now costs up to $60,000 in New South Wales.

Stephen Page, fertility lawyer and accredited family law specialist at Page Provan explains.

In this video:
- Why NSW's Assisted Reproductive Technology Act 2007 sets a five women donor limit
- How NSW Health's "worldwide" interpretation has driven sperm costs from $2,000 to $60,000
- Why women are travelling interstate and overseas to access donor sperm
- How this interpretation is pushing more women toward unregulated private donation

📞 Need advice? Contact Page Provan Family & Fertility Lawyers.
🌐 https://pageprovan.com.au

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Parenting plans vs consent orders — one is flexible, the other is legally binding, and choosing wrong could cost you.

Bruce Provan, Managing Director and accredited family law specialist at Page Provan explains.

In this video:
- The difference between a parenting plan and a consent order
- Why a parenting plan isn't legally binding but works for most parents
- When a consent order is the better choice — and how hard it is to vary later
- What "material change of circumstances" means for changing parenting orders

📞 Need advice? Contact Page Provan Family & Fertility Lawyers.
🌐 https://pageprovan.com.au

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Queensland says the donor family limit is 10 — but for lesbian couples, Queensland Health has quietly turned that into five. In this episode, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page unpacks a troubling interpretation of Queensland's donor conception rules that's already rippling into other states.

Stephen explains how Australia's patchwork of donor family limits (ranging across eight different variants nationally) creates unnecessary confusion, and why he pushed for Queensland to adopt a 10 family limit for consistency and accessibility. But while the legislation reflects that number, Queensland Health's guidance to IVF clinics tells a different story: when two women in a couple use the same sperm donor, each woman is now treated as a separate family. The result is that lesbian couples are effectively capped at five families instead of ten — halving their access to donor sperm, sometimes leaving one partner unable to use a donor the other has already accessed.

Stephen argues this approach isn't just inconsistent with what Parliament enacted, it echoes a discriminatory practice many thought had long been abandoned. He's currently making representations to Queensland Health to address the issue.

In This Episode:

• Queensland's 10 family donor limit and why Stephen advocated for it
• Australia's eight different state and territory family limit variants
• How Queensland Health's clinic guidance splits lesbian couples into separate families
• The real-world impact: halved access to donor sperm for same-sex couples
• Why this interpretation may conflict with the actual legislation
• The ripple effect into other states' IVF clinics
• Stephen's ongoing advocacy to reverse the guidance

For expert guidance on donor conception, surrogacy, or fertility law in Australia, visit https://pageprovan.com.au/

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In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page sounds the alarm on the intense fight over surrogacy laws in Australia taking place inside the New South Wales Fertility Inquiry.

What was meant to be a progressive look into reducing IVF costs, improving regional medical access, and adjusting state donor limits has turned into an aggressive push by abolitionists to eliminate surrogacy altogether. Stephen dissects the controversial testimony of Reem Alsalem, the UN Special Rapporteur on violence against women and girls, who compared surrogacy to slavery and called for its global eradication. Stephen highlights the most shocking moment of the hearing: when asked for the empirical research supporting her core argument that surrogacy damages children, Ms. Alsalem admitted that no such data exists. Listen in to hear why evidence-based policy is currently under threat and how the fertility sector must respond to protect intended parents.

In This Episode:

• The current landscape of the fight over surrogacy laws in Australia
• An insider look at the New South Wales Fertility Inquiry hearings
• Unpacking the UN Special Rapporteur's abolitionist stance on surrogacy
• Exposing the complete lack of scientific evidence behind anti-surrogacy claims
• Why ideological assertions cannot be allowed to dictate Australian family law
• What this means for the future of intended parents and surrogates nationwide

To seek expert advice for your family law, surrogacy, or fertility law matters, contact our experienced team today: https://pageprovan.com.au/

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In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page looks ahead to two monumental reports from the Australian Law Reform Commission due in July and August 2026.

Stephen, who serves on the advisory committee for the surrogacy review, breaks down what we might expect when the ALRC delivers its Surrogacy Report and Human Tissue Report to the Commonwealth Attorney-General. He discusses the public signals suggesting a potential move toward compensated surrogacy and explains how human tissue laws directly impact assisted reproductive technology, particularly concerning posthumous retrievals and the provision of breast milk. Reflecting on past parliamentary inquiries, Stephen also offers a realistic timeline for when we might actually see these recommendations translated into state and territory legislation, reminding listeners that law reform is often a slow and glacial process.

In This Episode:

• The impending release of the ALRC Surrogacy Report in July 2026
• Public signals regarding the legalisation of compensated surrogacy
• Why the ALRC Human Tissue Report impacts fertility law
• The legalities of posthumous retrievals and breast milk compensation
• The process of Commonwealth and state government legislative responses
• A historical look at the timeline of surrogacy law reform in Australia

To seek expert advice for your family law, surrogacy, or fertility law matters, contact our experienced team today: https://pageprovan.com.au/

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In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page explores a monumental legal update for families formed through international surrogacy.

Stephen breaks down the practical impact of the Family Law Regulations 2024, which commenced on 1 April 2025 and breathed much-needed life into Section 69R of the Family Law Act. He explains how this crucial update finally allows for the automatic presumption of parentage for children born in prescribed overseas jurisdictions. Examining the recent Federal Circuit and Family Court case of Allbring & Barsotti, Stephen highlights a major victory for a gay couple who successfully had their United States surrogacy journey legally recognised. He also reflects on the profound words of Judge Harland, who emphasised the necessity of ending discrimination against children born via surrogacy and upholding their fundamental right to identity.

In This Episode:

• The commencement and impact of the Family Law Regulations 2024
• Understanding Section 69R of the Family Law Act
• The landmark Allbring & Barsotti parentage case
• Which international surrogacy destinations are legally prescribed
• The historic discrimination against children born via surrogacy
• Protecting a child's right to identity and legal parentage

To seek expert advice for your family law, surrogacy, or fertility law matters, contact our experienced team today: https://pageprovan.com.au/

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In this highly informative episode of the Australian Family & Fertility Law Podcast, Bruce Provan, Managing Director of Page Provan, tackles one of the most critical questions in family law: Do children have a say in parenting cases in court?

Navigating the Federal Circuit and Family Court of Australia can be daunting for separated parents, especially when considering how their children's wishes will be factored into parenting orders. Bruce explains that while children do have a voice, the impact of their wishes depends largely on their age, level of maturity, and intelligence. He guides listeners through the practical ways the court assesses these wishes without exposing children to the courtroom floor. This includes the preparation of Child Impact Reports and Family Reports, as well as the crucial application of Section 60CC of the Family Law Act. Bruce also highlights recent 2025 legislative changes that mandate Independent Children's Lawyers (ICLs) to meet directly with children, ensuring their perspectives are formally and safely represented.

In This Episode:

• How the Family Court assesses a child's age, maturity, and wishes
• The crucial role of Child Impact Reports and Family Reports
• How Section 60CC of the Family Law Act protects children's voices
• The 2025 legal requirement for Independent Children's Lawyers to meet with children
• Why judges rarely speak directly with children in parenting cases
• How a child's perspective is formally submitted as evidence

To seek expert advice for your family law, property settlement, or parenting matters, contact our experienced team today: https://pageprovan.com.au/

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