A Canberra couple seeking a surrogate mother have been “flooded with calls”, since their story was published in The Canberra Times on Monday. Peter and Wendy Voelker, of Gordon, say they are certain of getting a surrogate mother to help.
Mrs Voelker, who is on constant medication to control epilepsy, has had three miscarriages.
The couple has made inquiries about adoption, but say they have been told the position is virtually hopeless and that there is a 10-year waiting list.
Mr Voelker said last night, “We have had couples, divorced women and single women. Some are only interested in the money, but most are genuinely willing to help out.”
Some of the women liked the experience of pregnancy, but did not want to have to bring up another child, he said.
Women who had come to the Voelkers willing to be surrogates wanted to be sure that the Voelkers would not only bring up the child, but that they would bring the child up well.
Mr Voelker said those concerns attracted them more than those who just wanted the money.
He said last week that he was willing to pay up to $100 a week plus medical costs.
Surrogacy and advertising for surrogacy is not totally illegal in the ACT, but any advertisement suggesting the surrogacy would end in adoption of the baby is illegal under the Adoption Act.
It is not illegal to enter into a commercial surrogacy arrangement in the ACT or to be professionally involved in surrogacy, provided it is only on the basis that the receiving couple will look after the child.
However, the agreements are generally unenforceable, either by the surrogate mother for payment or by the receiving couple to keep the child if the surrogate mother changes her mind.
There is some 19th-century anti slavery law that might make surrogacy illegal, but its application is uncertain.
Custody of children is the province of the Family Court which decides according to the best interests of the child, irrespective of what the surrogacy agreement says. In the case of a newborn child, there would be a very strong presumption in favour of the natural mother.
Legislation is due to go before the ACT Legislative Assembly in August which would make it illegal to enter into commercial surrogacy arrangements and make it illegal for professionals to be involved.
This would bring the ACT into line with most states. Mr Voelker said the Assembly should be careful about changing the law. If it had an inquiry it would find a lot of people supported surrogacy.
Mr Voelker, who has done a TAFE course in child care, says he loves children, having worked as a child-minder for 10 years. He is now a truck and taxi driver.
Mr Voelker has been tested and is “top of the range” for fertility. The baby could be conceived with artificial insemination.
The artificial-insemination legislation would probably prevent the father from claiming custody and prevent the natural mother from claiming maintenance.