Adoption & Surrogacy


Choosing to adopt a child is a significant decision to make, both for the adoptive and the birth parents, as it involves the complete transfer of legal rights and responsibilities relating to a child’s safety and future.

To adopt a child is to assume the role and legal responsibilities of a parent, which the child’s natural parents (the birth parents) will no longer hold.

The most critical objective of parents adopting a child is to ensure legal certainty both for the child as well as themselves.

Adoption is relatively uncommon in WA, and many different elements of Family Law may be relevant, depending on your circumstances.

Leach Legal has worked in this area for many years and can provide informed guidance on the adoption process, to both heterosexual and same-sex couples.


Surrogacy is when a woman carries and gives birth to the baby of another person or couple. Infertility, failed IVF or the fact that a person is single or in a same-sex relationship, are primary reasons for exploring surrogacy. In Australia, the most common form of surrogacy is when an embryo, grown from the sperm and egg of the intended parents, is carried by a surrogate.

The Surrogacy Act 2008 sets out legal requirements for non-commercial surrogacy arrangements. Unsurprisingly, it is a complex area of law. A surrogate mother must meet certain conditions, and all parties must obtain independent legal advice and be fully aware of the legal consequences of surrogacy.

International surrogacy, usually offered in developing countries, is open to exploitation by predators and for this reason, there have been calls for it to be outlawed.

Commercial surrogacy, where a woman is paid to be a surrogate, is banned in Australia.

Our team of experienced, professional, Perth Family Lawyers are here to help with your adoption/surrogacy plans. Phone us for a free, 15-minute consultation on (08) 9486 9733.