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Australian Family and Fertility Law

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This podcast has
257 episodes
Language
English
Publisher
Stephen Page
Explicit
No
Date created
2021/06/07
Latest episode
2026/10/22
Average duration
8 min.
Release period
4 days

Description

Join Award-Winning Family & Surrogacy Lawyers, Bruce Provan and Stephen Page who interviews lawyers, doctors, counsellors, parents, surrogates, scientists, donors and others who are the moving parts bringing together the ability to form families through surrogacy, and when families fall apart. Interviewees talk about their personal journeys through life, leading to their passion in their respective fields.

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Check latest episodes from Australian Family and Fertility Law podcast


De facto relationship: what counts under family law?
2026/10/22
Send us Fan Mail What Makes a De Facto Relationship Under the Family Law Act? When is a couple in a de facto relationship for the purposes of the Family Law Act? Bruce Provan, Managing Director and accredited family law specialist, explains the legal test and why it’s about much more than living under the same roof. In this episode: How the Family Law Act was extended to de facto couples from 1 July 2009The criteria in section 4AA, including a genuine domestic basis, financial intermingling, a sexual relationship and public reputation as a coupleWhy some people who live together, like housemates, aren’t in a de facto relationshipHow couples living apart, including where one partner is interstate, overseas or in prison, can still be de factoHow case law guides lawyers on when the court will find a de facto relationship📞 Need advice? Contact Page Provan Family & Fertility Lawyers. 🌐 https://pageprovan.com.au  Made by Law Firm Marketing Experts, Practice Proof
Paid egg donation in Australia: is it legal?
2026/10/19
Send us Fan Mail Can You Get Paid to Donate Eggs in Australia? It’s a question that comes up often: can you be paid to donate eggs in Australia? Stephen Page, fertility lawyer and accredited family law specialist, explains why the answer is no, what expenses can lawfully be reimbursed, and how this applies if you want to donate eggs you’ve frozen for your own future fertility. In this episode: Why only altruistic egg donation is allowed in AustraliaThe Commonwealth, state and territory laws that make paying or being paid for donation a criminal offenceWhat counts as reasonable expenses, including collection, storage and transport of eggsWhether you can recover egg freezing costs if you donate eggs you no longer needWhy some clinics say this can’t be done, and why Stephen takes a different view📞 Need advice? Contact Page Provan Family & Fertility Lawyers. 🌐 https://pageprovan.com.au  Made by Law Firm Marketing Experts, Practice Proof
Egg Freezing in Prison: The High Court’s Decision in Smith
2026/10/16
Send us Fan Mail In Smith v Chief Executive, Queensland Corrective Services, the High Court of Australia unanimously held that egg freezing is not “assisted reproductive technology” under Queensland’s Corrective Services Act. This means a prisoner can seek approval to freeze her eggs. Stephen Page, fertility lawyer and accredited family law specialist, walks through the four judgments and what they say about prisoners’ basic human entitlements. In this episode: How Ms Smith’s application to freeze her eggs, made at 32, was refused and went through the Supreme Court and Court of Appeal before her High Court win, including costs orders in her favourThe joint judgment of Acting Chief Justice Gordon and Justice Beech-Jones, and its reference to the right to procreateJustice Edelman’s view that ART means procedures capable by themselves of achieving reproductionJustice Gleeson’s reasoning on humane containment and the special needs of female prisonersJustice Jagot’s firm rejection of the argument that unwanted sterility could be part of a prisoner’s punishment📞 Need advice? Contact Page Provan Family & Fertility Lawyers.  🌐 https://pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
Ethical surrogacy: our lawful, child-centred approach
2026/10/15
Send us Fan Mail Clients often ask about Page Provan’s ethos in family formation, from surrogacy and egg, sperm and embryo donation to posthumous retrieval. Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist, explains the four principles at the centre of the firm’s work. In this episode: Why every journey must be lawful, for clients and for the firm What “first, do no harm” means for surrogates, donors, intended parents and the child How reflecting on his early custody cases shaped Stephen’s child-centred approach Why intended parents are encouraged to make sure their children can find out who their donor is, including after overseas treatment How human rights became a guiding principle of South Australia’s Surrogacy Act 2019 📞 Need advice? Contact Page Provan Family & Fertility Lawyers. 🌐 https://pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
Australian Surrogacy Law Change: 3,000 Children's Parentage at Risk
2026/10/09
Send us Fan Mail A little-known regulation has repealed Regulation 10.3 of the Family Law Regulations 2024. It was made without notice or apparent consultation. From 9 December, the parentage presumptions for children born overseas via surrogacy will be removed. Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist, explains what this means for just under 3,000 children whose parents may no longer be presumed to be their parents. In this episode: What Regulation 10.3 did, and how it recognised parents named on overseas birth certificates, in court orders or through acknowledged paternityWhich prescribed overseas jurisdictions are affected, including the United States, Canada (except Quebec), Mexico, Colombia and IndiaHow Freedom of Information data on Australian citizenship by descent puts the number of affected children at just under 3,000The real-world impact on childcare enrolment, medical decisions and inheritanceWhy the timing is concerning, with the change made ahead of the ALRC surrogacy inquiry report and without consulting key stakeholders📞 Need advice? Contact Page Provan Family & Fertility Lawyers. 🌐 https://pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
Colombia surrogacy ban: will the new bill survive?
2026/10/05
Send us Fan Mail Another bill has been introduced to Colombia's Congress, this time seeking to ban all surrogacy. Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist, explains why the bill may not get far, and why it may not survive a legal challenge even if it passes. In this episode: How Colombia's Constitutional Court recognised intended parents through "procreative will"The long line of failed bills to ban or restrict surrogacy in Colombia, including three in the past yearHow the Inter-American Court of Human Rights struck down Costa Rica's IVF banWhy the new bill looks performative and is likely to clash with constitutional protectionsWhat it means for Australians, now that Colombia is their second most popular surrogacy destination📞 Need advice? Contact Page Provan Family & Fertility Lawyers.  🌐 https://pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
Surrogacy Statistics: Five Born Overseas for Every One Born in Australia
2026/10/01
Send us Fan Mail The latest data shows that international surrogacy births by Australians have hit another record, while domestic surrogacy numbers have barely moved. Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist, walks through the figures from his annual Freedom of Information request. In this episode: Why the number of surrogacy births in Australia is tricky to calculateThe record 416 children born overseas via surrogacy in the year to 30 June 2026The top destinations: the United States, Colombia, Georgia, Mexico, Canada and UkraineWhy Georgia's numbers have recovered, and Armenia's first appearance on the listWhy around five children are now born overseas for every one born via surrogacy in Australia📞 Need advice? Contact Page Provan Family & Fertility Lawyers.  🌐 https://pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
Surrogacy law reform: what's next after the ALRC inquiry
2026/09/29
Send us Fan Mail  The Australian Law Reform Commission has delivered its surrogacy inquiry report to the Commonwealth Attorney-General. Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist, served on the inquiry's advisory committee. He shares his view on the process and what might happen next. In this episode: Stephen's role on the ALRC advisory committee and the timeline for tabling the report in federal parliamentThe fierce opposition to surrogacy and IVF raised during the inquiryWhy national, non-discriminatory surrogacy laws recommended a decade ago still haven't happenedWestern Australia's new legislation and a Court of Appeal win removing discrimination in access to surrogacyWhy reform needs the cooperation of nine governments📞 Need advice? Contact Page Provan Family & Fertility Lawyers.  🌐 https://pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
A Career in Fertility Medicine with Dr. Simone Campbell
2026/09/23
Send us Fan Mail Stephen Page, fertility lawyer and accredited family law specialist at Page Provan, sits down with Dr. Simone Campbell, fertility specialist at Queensland Fertility Group (QFG) in Brisbane, for a candid conversation about a career built around helping people have children. In this episode: How Dr. Campbell decided at age 14 that she wanted to work in obstetrics — and how that led her into fertility medicineWhy Australia and New Zealand pioneered single embryo transfer, and how that compares to practices still used in parts of the US, Mexico, Colombia, Nigeria and Sub-Saharan AfricaHow advances in AMH testing, embryo freezing (vitrification) and egg freezing have transformed IVF over the past two decadesWhat patients can expect from a first consultation, and why male fertility is now a bigger part of the conversation📞 Need advice? Contact Page Provan Family & Fertility Lawyers. 🌐 https://pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
MRKH syndrome: how surrogacy can help you become a parent
2026/09/14
Send us Fan Mail  Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist at Page Provan, explains MRKH syndrome and the path to parenthood through surrogacy. In this episode: What MRKH (Mayer-Rokitansky-Küster-Hauser) syndrome is, and why women are often not diagnosed until their early teensWhy surrogacy is often the first and only option considered by women with MRKH, unlike many heterosexual couples who arrive at surrogacy after years of IVFWhy gay intended parents and women with MRKH often approach surrogacy without the same history of fertility-related trauma as many heterosexual couplesWhy being listened to and understood matters so much for women with MRKH beginning their surrogacy journeyWhy surrogacy offers a genuine path to parenthood for women with MRKH syndromeFor more information or legal help, contact Page Provan Family & Fertility Lawyers at pageprovan.com.au  Made by Law Firm Marketing Experts, Practice Proof
Surrogacy statistics: why so many go overseas
2026/09/10
Send us Fan Mail Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist at Page Provan, shares the data behind surrogacy in Australia. In this episode: How long it takes to find a surrogate in Australia — anywhere from one month to four years, based on real client experienceWhy finding a surrogate is so hard: one fertility counsellor estimates only 1 in 19 surrogates are known to intended parents beforehand, while another estimates closer to 1 in 5What the data shows about surrogacy births in Australia — around 85 to 90 gestational surrogacy births a year, according to the Australian and New Zealand Assisted Reproductive DatabaseWhy overseas surrogacy births are so much more common — 377 Australian citizenship-by-descent applications in the year to June 2025, roughly four times the number of local surrogacy birthsWhy this data is driving the Australian Law Reform Commission's review of surrogacy law, and why going overseas is now the norm rather than the exceptionFor more information or legal help, contact Page Provan Family & Fertility Lawyers at pageprovan.com.au. Made by Law Firm Marketing Experts, Practice Proof
How much does surrogacy really cost? A ballpark figure
2026/09/07
Send us Fan Mail Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist at Page Provan, breaks down what surrogacy really costs. In this episode: Why surrogacy in Australia typically costs between $50,000 and $100,000, with a ballpark figure of around $75,000 over an 18-month to two-year journeyWhy legal costs vary by state, with more counselling required in NSW and more court documentation required in NSW and QueenslandWhy surrogacy in the United States now costs at least $360,000 AUD, putting it out of reach for most intended parentsWhy Mexico and Colombia have become popular mid-range destinations, with a ballpark budget of around $150,000 including an extended stay after the birthWhy having a realistic budget from the start is essential, since surrogacy in Australia must be altruistic, not commercialFor more information or legal help, contact Page Provan Family & Fertility Lawyers at pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
How the family court decides parenting cases: the best interests test explained
2026/09/03
Send us Fan Mail Bruce Provan, Managing Director and accredited family law specialist at Page Provan, explains how the family court decides parenting cases. In this episode: Why the "best interests of the child" is the paramount consideration under the Family Law Act, and what evidence the court draws on to decide itThe role of family reports and child impact reports, usually prepared by a psychologist or social worker, and why their recommendations carry real weightWhen an independent children's lawyer is appointed to represent the children, including their obligation to speak with the children directlyThe key factors under section 60CC of the Family Law Act — the child's safety, views, developmental and emotional needs, each parent's care capacity, and significant relationshipsWhy the court must also consider the cultural needs and heritage of Aboriginal and Torres Strait Islander childrenFor more information or legal help, contact Page Provan Family & Fertility Lawyers at pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof
Surrogacy in Iran: a complex and risky journey
2026/08/31
Send us Fan Mail Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist at Page Provan, explains surrogacy in Iran, a path taken almost exclusively by Iranian-Australian couples. In this episode: Why surrogacy in Iran, permitted under religious rulings, almost always involves egg donation as well, and why it's pursued almost exclusively by heterosexual married couplesWhy donors and surrogates in Iran are anonymous and paid low, altruistic-style amounts, with parentage established by private agreement rather than legislationThe documents needed for Australian citizenship by descent, including the surrogate's maternity records, a certificate of genetic affinity, translated agreements, and a DNA test at the Australian Embassy in TehranWhy the current closure of the Australian Embassy in Tehran adds real uncertainty to bringing a child homeWhy getting legal advice before starting is essential, given the risk of committing a criminal offence under Australian commercial surrogacy lawsFor more information or legal help, contact Page Provan Family & Fertility Lawyers at pageprovan.com.au. Made by Law Firm Marketing Experts, Practice Proof
Surrogacy in Nigeria: the legal risks for Australians
2026/08/27
Send us Fan Mail Surrogacy in Nigeria is growing among Australians of Nigerian heritage — but it comes with serious legal and medical risks that demand careful planning. Stephen Page, multi-award winning surrogacy lawyer and accredited family law specialist at Page Provan explains. In this video: Why surrogacy in Nigeria remains completely unregulated, and why agencies there require Australian intended parents to use altruistic surrogacy onlyThe extreme maternal mortality risk in Nigeria — a lifetime risk of roughly 1 in 19, compared with 1 in 19,000 to 22,000 in Australia — and why choosing a reputable agency and hospital is essentialWhy Nigeria is not a safe or viable option for gay couples or single intended parentsHow intended parents establish legal parentage, including the DNA testing process through the Australian High Commission needed to bring the child home as an Australian citizenWhy getting legal advice before starting, using single embryo transfer, and putting a parenting plan under the Family Law Act in place are all essential safeguards📞 Need advice? Contact Page Provan Family & Fertility Lawyers.  🌐 https://pageprovan.com.au Made by Law Firm Marketing Experts, Practice Proof

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