NSW Surrogacy FAIL: What Lawyers Got Wrong

05/15/25 • 7 min

In this episode of the Australian Family & Fertility Law Podcast, leading surrogacy lawyer Stephen Page unpacks the New South Wales Supreme Court case of Re N — a cautionary tale of what happens when surrogacy law is handled by the inexperienced.

A seemingly straightforward surrogacy journey derailed due to a lack of independent counselling and a series of legal missteps, ultimately leading to a rejected report and a stern warning from the bench.

Stephen explores:

The role of independent assessments in surrogacy cases 🧑‍⚖️
Why Justice Parker refused to accept a compromised process ⚖️
How $4,000 in counselling fees went to waste 💸
What lawyers (and intended parents) must do to get it right the first time

Whether you're considering surrogacy or working in family law, this episode is a must-listen on why expertise matters.

Hosted by Stephen Page, Australia’s most experienced surrogacy lawyer, with over 2,000 journeys advised across 39 countries.

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Stephen explores:

The role of independent assessments in surrogacy cases 🧑‍⚖️
Why Justice Parker refused to accept a compromised process ⚖️
How $4,000 in counselling fees went to waste 💸
What lawyers (and intended parents) must do to get it right the first time

Whether you're considering surrogacy or working in family law, this episode is a must-listen on why expertise matters.

Hosted by Stephen Page, Australia’s most experienced surrogacy lawyer, with over 2,000 journeys advised across 39 countries.

Previous Episode

Update: Monash IVF Scandal Embryo Mix-Up & Donor Law Chaos in Queensland

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In this episode of the Australian Family & Fertility Law Podcast, Stephen Page tackles two shocking developments involving Monash IVF:

1️⃣ A heartbreaking embryo mix-up where one couple’s embryo was mistakenly implanted in another woman — only discovered after the child was born. Stephen discusses the legal, ethical, and emotional fallout, and why protecting the child's privacy is paramount.

2️⃣ A sudden halt to treatments using international donor sperm due to new legislation in Queensland — requiring donor contact details that many clinics simply don’t have. Without a transitional clause, many hopeful families have been left in limbo.

Stephen cuts through the confusion, explains the implications of Queensland’s Assisted Reproductive Technology Act, and calls for urgent reform to protect families.

🎙️ A must-listen for anyone navigating IVF, donor conception, or interested in the intersection of law, ethics, and family.

Next Episode

Surrogacy Nightmare: Aussie Couple Referred for Criminal Charges After Overseas Baby Journey

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In this episode of the Australian Family and Fertility Law Podcast, renowned surrogacy lawyer Stephen Page of Page Provan Family and Fertility Lawyers unpacks a cautionary case that’s sending shockwaves through the surrogacy community.

Stephen explores the recent Federal Circuit and Family Court decision in Lloyd & Compton, where a Queensland couple's overseas surrogacy journey in North Cyprus ended not with celebration — but with a referral for criminal prosecution. With over three decades of experience and more than 2,000 surrogacy cases across 40 countries, Stephen breaks down what went wrong, the legal missteps made, and what every hopeful parent needs to know before engaging in surrogacy abroad.

This episode is a must-listen for anyone navigating the complex intersection of Australian family law and international fertility arrangements.