Families Push for Fertility Reform as Surrogacy and IVF Challenges Mount
For nearly a year, Jennifer McCloy was the legal guardian of a baby she had given birth to—but who wasn’t hers. She had carried Angus as a surrogate for her best friend, after years of heartbreaking miscarriages. But due to current laws in New South Wales, McCloy remained his legal mother until the adoption was finalized.
Now, she’s calling for change.
“Parenthood should be an option for every Australian, no matter what it looks like,” McCloy said. She believes the legal process made her already emotional journey even harder than it needed to be.
Across the state in Tamworth, Dimity Smith is also struggling to become a parent. She’s undergoing IVF, but rural life makes that process much harder. Blood tests, crucial for timing fertility treatment, often take too long to return results. She must frequently travel to Sydney, which adds both stress and cost.
“I’ve paid $400 each way for last-minute flights,” she said. “That’s just not something everyone can afford.”
Inquiry Launched Into Barriers to Parenthood
This week, the New South Wales Parliament agreed to launch an inquiry into the challenges faced by people trying to start families. It will cover everything from infertility and IVF to surrogacy laws and pregnancy loss support.
The inquiry is being led by NSW Nationals MP Sarah Mitchell, who is also the deputy opposition leader in the Legislative Council. She has experienced fertility issues herself, including two miscarriages.
“People assume they’ll have a baby easily, but for many of us, that’s just not the case,” Mitchell said. “This inquiry is a way to hear those stories and see where we can help.”
In 2022, one in 16 babies in Australia were born through IVF, and more than 1,100 babies were born using donor eggs or surrogates. One-third of IVF cycles were due to male infertility, according to the latest data.
Legal and Financial Barriers
McCloy, who has two biological children, offered to carry her best friend’s child with full support from both their families. But under NSW law, only altruistic surrogacy is allowed. That means no payment beyond expenses—and no legal recognition for the intended parents until months after birth.
“My husband and I were Angus’ legal guardians for the first 11 months of his life,” she explained. “If his parents wanted to sign him up for daycare, I had to do it.”
She believes a simple legal fix—allowing pre-birth surrogacy orders—could resolve much of this confusion. Other countries that allow surrogacy already offer these legal protections, so the child is immediately in the care of their intended parents after birth.
McCloy is also worried about the rise of an unregulated, underground surrogacy market. On social media, some Australian women offer to carry babies without proper legal protections, leaving both surrogates and intended parents vulnerable.
The United States is the most common overseas surrogacy destination for Australians, thanks to strong legal safeguards and top medical care. But it’s also the most expensive, with total costs reaching up to $200,000.
Regional IVF Challenges
Mitchell is especially focused on rural families who face extra obstacles. In many regional towns, IVF clinics and testing facilities are limited. Blood test results often take too long to arrive, making treatment timing difficult.
Jen Laurie, who runs the Her Herd podcast from Armidale, sees these struggles every day.
“Women are driving hours for every blood test. They’re missing work and stepping away from running their farms,” Laurie said. “None of that makes it easier to get pregnant.”
The NSW Department of Communities and Justice is currently reviewing surrogacy laws. The Law Reform Commission is also conducting a separate review, but their final report isn’t expected until mid-2026.
Meanwhile, the state government has pledged $42.3 million to improve access to IVF and treatments for conditions like endometriosis. But for families like McCloy’s and Smith’s, the real hope lies in broader reform.
“We just want the system to catch up to people’s needs,” McCloy said. “No one should have to fight this hard just to become a parent.”
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