Australian Hospitals Lacking Preparedness for Surrogacy Births Sparks Calls for National Guidelines

A groundbreaking study reveals that less than 10% of hospitals in New South Wales and Victoria have policies for surrogacy births, calling for urgent national guidelines to improve care, legal clarity, and neonatal outcomes.
A recent study across New South Wales and Victoria has revealed a significant gap in hospital policies related to surrogacy pregnancies. Less than 10% of the 112 metropolitan hospitals examined have established protocols to guide the care of surrogates and intended parents during childbirth, prompting urgent demands for the development of standardized national guidelines.
The research, published in the Journal of Law and Medicine, underscores that the absence of clear policies creates a complex and often inconsistent experience for all parties involved, including health professionals, surrogates, and intended parents. This ambiguity can lead to legal uncertainties, emotional stress, and compromised patient care.
Lead researcher Kabir Sattarshetty from Charles Darwin University emphasized that surrogacy is becoming an increasingly common pathway to parenthood. Despite this, many hospitals remain unprepared to meet the unique needs of surrogacy families. Without formal policies, hospitals risk situations where intended parents might be excluded from delivery rooms, or surrogates could be discharged prematurely without necessary support.
Some hospitals have inadvertently encouraged surrogates to breastfeed the newborn, neglecting the parents’ preferences and their need to learn feeding methods such as bottle-feeding. These instances highlight the critical need for uniform policies to ensure family-centered and emotionally supportive care.
Sarah Jefford, a surrogacy lawyer and director of Surrogacy & Donor Legal Services in Victoria, pointed out that such situations are entirely preventable with proper guidelines. She stressed the importance of policies that prioritize the bonding process, skin-to-skin contact, and neonatal care—fundamental elements vital for the health and well-being of the baby.
The study warns that the current lack of surrogacy-specific care standards may also negatively impact neonatal outcomes, which rely on consistent practices during delivery and postpartum. The authors advocate for the swift development of comprehensive national guidelines to provide a clear framework that supports surrogates, intended parents, and health professionals alike.
As surrogacy continues to grow as a social and medical option, Sattarshetty warned that the health system needs to adapt to this evolving landscape. Implementing standardized policies will not only protect the rights and health of surrogates and families but also ensure that newborns receive the highest standard of care from the very start.
For further details, see the full report: Calling for Standardised Surrogacy Birth Care Policies: A Brief Report.
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