ABSTRACT
This chapter identifies and discusses this thematic similarity in the judicial response. Using the lens of legislative regulation, the chapter also examines the current state of public policy with respect to international commercial surrogacy in both jurisdictions. Commercial surrogacy is not always easy to identify, it often contrasted with the practice of altruistic surrogacy, and commercial surrogacy is generally construed as a profit-making exercise. Prioritisation of the best interests of the child over the enforcement of a criminal penalty in cross-border surrogacy was predicted in Australia some 20 years ago. In the passing of the Surrogate Parenthood Act 1988. The Victoria is the first Australian state to introduce legislation in 1986 by way of the Infertility (Medical Procedures) Act 1984 which dealt specifically with surrogate motherhood prohibited both commercial and altruistic surrogacy. This explains why in all reported cases where section 54(8) of the HFEA has been considered the court has retroactively approved payments beyond reasonable expenses.
