So often amongst our community of people accessing surrogacy, we (the women doing altruistic Australian surrogacy) are asked ‘Why do you bother trying to do it here in Australia?’ and ‘Don’t you find it all too hard?’
The truth is, the Australian system really IS making it too hard for couples. Clearly we are in agreement that the law should protect the interests of the child as paramount, and we understand that is the objective of the laws. Yet what in practice is happening is that altruistic surrogacy in Australia is so unclear and challenging – that a money making industry has popped up to ‘assist’ women such as us.
Those people that ‘assist’ us are most often lawyers and IVF clinics. The IVF clinics, as you know from this blog, charge an incredible amount of money per attempt of IVF. Between 12 and 18,000 per cycle, with no access to Medicare.
Every clinic has a different approach to the cycle. Some of them will insist on absolutely crazy and detrimental protocols, like egg quarantining. Yes, a clinic can request you to quarantine your donor eggs even though eggs on their own DO NOT work in about 85% or more of cases. Who cares? The IVF clinics are not paid on your successful outcome. So it makes no difference to them if your outcome is successful or not.
Some clinics will have a good process in place to support surrogacy but still insist on a 6 month quarantine of embryos. So after years of struggling, you find you have to wait 6 months before you can even start. This is incredibly frustrating.
Then there are the ethics committees. The doctors that have to certify that you are truly eligible for surrogacy. I must say that being certified as infertile is not a pleasant experience. Conversely, I don’t know of too many women that would willingly give up being pregnant either, or who, by choice, would like for someone else to carry their baby. To nourish it and grow it for them. Generally speaking, this is quite a personal task, and one that people like to do themselves, so I don’t quite understand why there is an assumption that women would rush to do surrogacy unless they absolutely had to. Some of us wonder if we will ‘fail’ the ethics committee as we haven’t ‘failed’ enough times in our IVF attempts. It is deeply distressing and the guidelines are not clear, which only makes it more messy.
Then comes our favorite topic –
IVF and Medicare.
Kate, from the blog Our Surrogacy sums it up perfectly.
” A refusal of support to assist something so positive for no real reason other than that I can’t carry the baby myself (was like rubbing salt into the wound). I have had a hysterectomy under hugely traumatic circumstances. Otherwise I am a healthy, active, young person desperate to complete our family. why should I have to pay triple or more what other people would pay for the exact same treatment simply because those other people are infertile in a different way?
When I started to look into it further I discovered that some clinics do give medicare rebates to people who have had a hysterectomy – what??!! Even amongst the clinics and IVF world here in Australia there is inconsistency.
Kate on her wedding day
Technically I ought to have been entitled to medicare rebates as at the time I had no surrogacy arrangement in place and I could have had a cycle and frozen the embryos to either send overseas or use for surrogacy here later on. When I called Medicare they agreed that technically, you should only not be entitled to the rebate where a surrogacy arrangement was in place. But my clinic would not budge. I would be up for $12,000 minimum for one cycle; no rebate. I can’t blame them, they were doing things by the book and didn’t want to get into trouble. But the injustice that other clinics would turn a blind eye and bill the cycle in a different way seemed too much on top of the basic injustice that medicare won’t cover surrogacy.
In comparison, me, my husband and son can all fly to India, stay for almost 3 weeks and get a full IVF cycle with transfer to surrogate for less than that. Yes we will have the fee to the surrogate and other costs on top of that but so would there be additional costs doing it here. So, rather than stay here, give business to the IVF clinics here, and perhaps be safer, unfortunately I feel as though my whole family is being forced overseas to pursue something that could have been achieved here had the rules, regulations and costs been a little more user-friendly and accessible.” Read more of her blog here.
To do altruistic surrogacy in Australia, you need to complete a pre-surrogacy contract and then apply for a parenting order post surrogacy. When I first started looking into surrogacy, I met some wonderfully kind lawyers. They seemed so nice. However, I have since found that they spend time making a connection with you as they want to charge around $15,000 – $20,000 for the process. That’s right. They seem so nice and lovely, but by any estimation, that is a lot of money. And if you worked that out on hours….well let’s examine this idea together?
If a top rated lawyer were to charge $450 an hour then it would be 33 to 44 hours of work. These lawyers are family lawyers. Our local family lawyer charges $250 per hour. So, by that standard we would be looking at even more hours of work. Is this realistic? Honest? When the pre-surrogacy contract is not legally enforceable? When it’s largely a cut and paste of a template that they already have on-hand…can they possibly find themselves doing a week’s worth of work on this project? I have since found lawyers that will charge the reasonable rate of about $750 to $900 for a pre surrogacy arrangement and $5,000 for a post surrogacy arrangement. But I had to really look hard for them because the industry cogs are well in place.
As one lawyer laughingly (but not jokingly, there is a major difference) said to us recently, “$60,000, (his estimated cost of altruistic surrogacy in Australia) Well, anybody can get their hands on that nowdays!” I guess at that rate of pay, it would be a correct statement.
Does this make Australian Surrogacy truly altruistic?
My feeling is that altruistic surrogacy is altruistic for only one person – the lovely lady that offers to carry the baby for you. It seems strange that the woman doing the most vital of all jobs is always the one called on to be the most accountable in terms of financial gain, erstwhile a huge industry cogs its wheels around her, making money at every step. She cannot be given a holiday post birth to celebrate a job well done. She can’t be given more than $10,000 in expenses over the 9 months she is pregnant, including lost wages, or a red flag goes up. So how can a lawyer ask for 15 to 20 thousand? And an IVF clinic 12 to 18,000?
With the confusion and the grey-ness of the law, with the industry that preys on people that need surrogacy in Australia we can see why many opt to go overseas where the laws are clearer and the expenses are laid out clearly and contractually.
We have made a choice. And we want to change the system.
We choose to do altruistic surrogacy in Australia because it’s what is right for us, but we understand why those who opt for overseas options think we are a little crazy. However, maybe we are just the right kind of crazy to get these laws changed enough to make the system fairer for all? To make the system clearer and more honest? We choose to start with the Medicare law, as it’s the most obvious one that needs changing.
Changing the law to make it fairer is worth being a bit crazy about!