Surrogacy and Medicare: Why the Outdated Exclusion Needs to Go 16 Apr 6:54 PM (yesterday, 6:54 pm)
Why Is Surrogacy Still Excluded from Medicare?
In this episode of the Australian Family and Fertility Law Podcast, Stephen Page dives into a long-overdue issue: the exclusion of surrogacy from Medicare funding in Australia.
Greens Senator Larissa Waters has announced plans to scrap this outdated exclusion — a move Stephen strongly supports. But why has it taken so long? And why are some outlets reporting wildly inflated costs to taxpayers?
Stephen breaks down: The history of the Medicare surrogacy ban
- The real (and very reasonable) cost of reform
- Why political will—not legislation—is the only thing standing in the way
- His hope for bipartisan support across government
For would-be parents navigating surrogacy, this change would be life-changing — and it’s time Australia caught up.
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Importing Sperm into Australia. Where Does it Come From? 9 Apr 6:54 PM (8 days ago)
Where Does Australia’s Sperm Supply Come From?
In this eye-opening video, Stephen Page breaks down the surprising reality behind sperm donation in Australia — and why we rely so heavily on imports.
Why does most sperm come from the US? What role does Denmark play? Why are Aussie men hesitant to donate? What are the legal fears around inheritance? And where else are we starting to see donor diversity?
Whether you’re navigating IVF, donor conception, or just curious about the international sperm scene (yes, it’s a thing), this one’s for you.
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Importing Eggs into Australia. Where Do They Come From? 2 Apr 5:24 PM (15 days ago)
Where Are Australia’s Donor Eggs Coming From?
In this video, Page Provan Director, Stephen Page, dives into the egg-sport reality of Australia’s fertility landscape. With a shortage of local egg donors, many Aussie hopefuls are turning overseas to make their dreams of parenthood a reality.
Imported eggs are now arriving from: 
United States
- Ukraine
- Malaysia
- Canada (soon)
- South Africa (likely)
- Argentina (expected)
- Other parts of Europe
Learn why women in Australia aren’t donating, the regulations around importing eggs, and the diversity (or lack of) in donor origins.
Whether you’re considering egg donation or just curious about how global fertility support works, this is a must-watch.
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Importing & Exporting Eggs, Sperm & Embryos into and out of Australia 25 Mar 11:25 PM (22 days ago)
Thinking about bringing eggs, sperm, or embryos into or out of Australia? You must know the rules — and trust us, they’re not the same everywhere! In this video, world-renowned fertility and family lawyer Stephen Page walks you through the complicated legal maze of importing and exporting reproductive materials across Australia’s states and territories.
What we cover:
- The difference in laws between QLD, NSW, ACT, SA, VIC, WA, NT & TAS
- Written consent requirements from donors
- Why altruistic donation is mandatory in Australia
- Family limits (and why WA has the strictest rules!)
- Major changes in Victoria — goodbye VARTA, hello Department of Health!
- Why clinics can’t export for commercial surrogacy (and what the Fertility Society says)
Key takeaways:
- Every state is different, and compliance is critical!
- You’ll need counseling and must prepare to be open with donor-conceived children when they turn 16 or 18.
- Exporting for commercial surrogacy? Don’t do it — it breaches the code of practice.
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Surrogacy 101: A Growing Families Presentation by Stephen Page 25 Mar 8:35 PM (22 days ago)
Surrogacy remains a complex and evolving area of law in Australia, with strict regulations governing both domestic and international arrangements. While many intended parents seek surrogacy overseas, legal restrictions—such as prohibitions on commercial surrogacy and criminal penalties in some states—make it essential to understand the risks and legal implications. At the same time, local surrogacy options offer greater legal certainty, high-quality medical care, and the opportunity to maintain a lifelong connection with the surrogate.
At a recent presentation for Growing Families, award-winning surrogacy lawyer Stephen Page provided invaluable insights into navigating surrogacy law. He discussed key legal frameworks, the advantages of pursuing surrogacy within Australia, and the challenges of international arrangements, particularly in light of the upcoming changes to parentage orders from 1 July 2025. His presentation also addressed the complexities surrounding overseas surrogacy agreements, the importance of legal documentation, and how different jurisdictions treat parentage under Australian law.
For intended parents, legal professionals, and those considering surrogacy, understanding these issues is crucial for making informed decisions. Download the full paper now to gain expert guidance on surrogacy law and how to navigate this intricate legal landscape.
DOWNLOAD THE PAPER HERE.
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Understanding Coercive Control in Family Law 20 Mar 10:56 PM (27 days ago)
Coercive control is one of the most insidious forms of domestic abuse, often occurring without physical violence but causing profound psychological and emotional harm. It involves patterns of manipulation, intimidation, and restriction of autonomy, making it difficult for victims to recognise or escape the abuse. In family law, understanding coercive control is crucial for protecting survivors and ensuring just legal outcomes.
At the 10th Annual Melbourne Family Law Conference, hosted by The Education Network on 6 March 2025, leading family law expert Stephen Page presented a comprehensive paper on this pressing issue. Drawing from years of experience, he examines the legal frameworks surrounding coercive control, its impact on victims, and recent legislative developments in Australia aimed at criminalising these patterns of abuse. This paper is essential reading for legal practitioners, policymakers, and anyone seeking to understand the evolving legal landscape in domestic violence cases.
Download the full paper now to explore Stephen Page’s insights on coercive control and its implications for family law.
DOWNLOAD THE PAPER HERE.
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Family Law: Care Issues & Financial Matters When the Debt is Greater Than the Assets – Negative Asset Pool 19 Mar 11:35 PM (28 days ago)
When separating couples face a financial situation where their debts outweigh their assets, they encounter complex legal and financial challenges. This scenario, known as a “negative asset pool,” requires strategic decision-making to prevent insolvency and protect financial stability.
In this insightful paper, presented by leading family law expert Stephen Page during a Legalwise Seminar, key strategies are explored for managing financial settlements in cases where debt exceeds assets. Drawing from decades of experience, Stephen examines options such as waiting for asset values to recover, dealing with creditors, and handling bankruptcy risks.
DOWNLOAD THE FULL PAPER HERE
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What Has Happened to Surrogacy in New Zealand 17 Mar 5:35 PM (last month)
In this video, Page Provan Director, Stephen Page, steps beyond Australia’s borders to discuss the complex world of surrogacy in New Zealand.
If you’re considering surrogacy in New Zealand, brace yourself for a challenging legal journey. Unlike in Australia, surrogacy laws in New Zealand operate under an outdated Adoption Act from the 1950s, creating a bureaucratic maze that can make the process incredibly difficult.
- Gestational vs. Traditional Surrogacy – The differences and legal hurdles
- Committee Approval – A major roadblock for gestational surrogacy
- Adoption Laws – Why intended parents must undergo an intrusive assessment
- International Surrogacy – Why Kiwis still face adoption requirements even when pursuing surrogacy overseas
- Proposed Law Reforms – How New Zealand’s Law Commission is pushing for change
The good news? A 2024 Law Commission review may finally modernize New Zealand’s surrogacy laws and bring them closer to international best practices. Will New Zealand automatically recognize intended parents without forcing them into an adoption process? Time will tell.
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Pets and Australian Family Law: Changes Coming in June 2025 10 Mar 1:04 AM (last month)
Soon when couples separate, it will be easier for courts to make orders about pets, so that there is clarity about who has Chase the dog, Harry the cat, or Goldie the goldfish.
Australian Courts have always had the ability to make orders concerning pets or animals. For instance, in the 1980s, I acted in a matter where a de facto couple had a receiver appointed for a horse which was jointly owned by the parties. The case was decided in the Supreme Court of Queensland and did not relate to any equivalent legislation to the Family Law Act 1975 (Cth) at the time.
Pets have historically been treated as property and “chattels”. Pet or animal ownership disputes most commonly occur after the breakdown of a relationship and are resolved in a similar manner to other items of property. [1]Usually, one party is awarded the pet as a part of settlement which may be formally or informally agreed upon. Sometimes, pets are simply left with one party. In 2020, the Family Court, said that it had no jurisdiction to order shared cared arrangements for animals. [2]
Family Law Amendment Act 2024 (Cth)
The Family Law Amendment Act 2024 (Cth) has been enacted by federal Parliament and is scheduled to commence on 10 June 2025. The legislative changes provide a clearer approach to determining how pets are maintained by parties in family law disputes.
Key Changes Under the New Law
The first requirement is that only pets, or as the Family Law Act calls them[3], companion animal, are covered by the changes. The words used in the Act are companion animal.
A companion animal is an animal primarily kept for companionship and does not include:
- assistance animals under the Disability Discrimination Act 1992;
- animals kept as part of a business;
- animals kept for agricultural purposes; and
- animals used in laboratory experiments.
A support animal that is not an assistance animal under the Disability Discrimination Act 1992, for example, would likely be considered to be considered a companion animal. If a person in court brings in their pet chicken Clucky, for example, and says that Clucky is their support animal, then depending on what a Federal Circuit and Family Court judge might find, Clucky might be an assistance animal (and therefore not covered by the changes) or a companion animal (and therefore covered by the changes). It’ll depend on the facts.
New section 79(6) of the Family Law Act sets out what the Court can do. There are three possible kinds of orders involving disputes concerning companion animals:
- one party retains ownership – this can be a party to the marriage / de facto relationship or a third party in the proceedings;
- ownership is transferred to another person who has consented; and
- the animal is sold.
Factors Considered by the Court
Section 79(7) set out what courts will consider when deciding who should retain the companion animal:
- how the animal was acquired;
- who has ownership or possession;
- each party’s involvement in caring for and paying for the maintained of the animal;
- whether either party was exposed to family violence by the other party;
- any history of actual or threatened cruelty or abuse towards the animal;
- emotional attachment of a party or child to the pet;
- the ability of each party to care for the pet independently; and
- any other relevant factors or circumstances just to be taken into account.
Married and De Facto Couples
The amendments apply to both married and de facto couples, provided they meet the legal threshold for being in a relevant de facto relationship for at least 2 years.
Western Australia has not referred its legislative power regarding de facto property disputes to the Commonwealth Parliament. Thus, in WA, these Commonwealth legislative changes only apply to married couples. It is expected that WA will adopt similar reforms in the future, aligning with the Commonwealth provisions.
Interim Orders and Injunctions
Interim or provisional orders concerning companion animals are possible under sections 79, 80, 114 (for married couples) and sections 90SM, 90SS, and 114 (for de facto couples) of the Family Law Act 1975 (Cth). These orders can determine who has possession of the pet and who is responsible for its care until a final decision is made. In WA, similar provisions apply under sections 205ZG and 205ZI of the Family Court Act 1997 (WA).
The Court may be reluctant to make interim orders regarding pets as in Gaynor & Tseh [2018] FamCA 164, preferring for decisions to be left to a final hearing.
Conclusion
The upcoming changes to Australian family law mark a significant shift in how pets are treated in family disputes. While challenges may still arise, we hope that the reforms provide greater flexibility for pet owners navigating family law disputes.
[1]Grunseth & Wrighton [2022] FedCFamC1A 132.
[2]Davenport & Davenport (No 2) [2020] FCCA 2766.
[3]Section 4.
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What Really Happens to Your Assets During Divorce? 3 Mar 7:47 PM (last month)
Divorce is tough, and figuring out what happens to your assets can be even tougher. But don’t worry—Bruce Provan, Managing Director of Page Provan Family & Fertility Lawyers, is here to break it all down for you!
In this video, we’ll cover:
- The difference between divorce and property settlement
- The 5-step process courts use to divide assets
- What counts as financial AND non-financial contributions
- How future needs (like kids, health, and income) impact settlements
- Why most cases are settled without going to court!
Whether you’re going through a separation or just want to understand how it all works, this video is a must-watch!
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