Australian Family and Fertility Law

Stephen Page
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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.

  1. 4H AGO

    Is Your Ex Turning Your Child Against You? Understanding Parental Alienation

    Send us Fan Mail Parental alienation is a complex and often insidious dynamic that can have a profound impact on a child's psychological wellbeing and their relationship with a parent. In this episode of the Australian Family & Fertility Law Podcast, Bruce Provan, Managing Director of Page Provan, clarifies what parental alienation means within the context of the Australian legal system. Although it is not a term specifically defined in the Family Law Act, the courts recognise it as a serious issue that can sometimes border on family violence or child abuse. Bruce discusses how the court distinguishes between legitimate protective concerns—such as instances of alleged abuse—and deliberate attempts to alienate a parent. He provides insight into the evidentiary requirements for the court, including the critical role of Family Reports and the appointment of an Independent Children’s Lawyer (ICL) to advocate for the child’s best interests. Listeners will also learn about the range of court interventions available, from mandated professional counselling to the rare but significant step of reversing residency orders when one parent remains uncooperative. In This Episode: Understanding the "syndrome" of parental alienation and how it manifests.The difference between safety-based gatekeeping and malicious alienation.How the court views repeated breaches of parenting orders.The evidentiary weight of text messages, emails, and professional interviews.The role of the Independent Children’s Lawyer (ICL) in high-conflict parenting matters.Case outcomes: From counselling orders to changes in residence.How Family Reports capture the nuances of a child's wishes versus alienation. For expert assistance with parenting matters and family law disputes, visit our website: https://pageprovan.com.au/ Made by Law Firm Marketing Experts, Practice Proof

    5 min

  2. 3D AGO

    Surrogacy Counseling: The Key Differences Between QLD and NSW

    Send us Fan Mail Surrogacy counseling is often viewed as a "tick-box" exercise, but it is actually a fundamental legal safeguard for the child and all parties involved. In this episode, Ella Leitch, Solicitor at Page Provan, clarifies the often-confusing counseling requirements within the Queensland and New South Wales jurisdictions. Ella details the mandatory pre-surrogacy counseling needed before an agreement is even signed, and the subsequent post-birth requirements necessary to obtain a parentage order. A major point of confusion for many is the "independence" rule—in both states, the counselor preparing the final report must be different from the one who saw the parties initially. In New South Wales, there are further complexities regarding the surrogate’s specific post-birth sessions and the counselor's independence from the medical team. This episode provides a clear roadmap for intended parents, surrogates, and their partners to ensure they meet every criteria for a successful legal outcome. In This Episode: The distinction between pre-surrogacy and post-birth counseling obligations.Who is required to attend: Intended parents, surrogates, and partners.Queensland’s "Surrogacy Guidance Report" and the role of the independent counselor.The two-tier post-birth counseling system in New South Wales.Why "independence" is a legal precondition for a parentage order.The risks of seeking dispensation for counseling requirements.How counseling prepares parties for openness and honesty with the child.Navigating the timing of signing agreements in relation to counseling sessions. For expert assistance with surrogacy and parentage orders, visit our website: https://pageprovan.com.au/ Made by Law Firm Marketing Experts, Practice Proof

    4 min

  3. 5D AGO

    Surrogacy in Vietnam: The Risks of the Black Market and Restrictive Laws

    Send us Fan Mail Vietnam stands out in Asia as a country that has formalised surrogacy laws, yet those laws are among the most restrictive in the world. In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page delves into the complexities of the Vietnamese system and the dangers awaiting those who try to bypass it. Stephen explains that while the law allows for intrafamily surrogacy for heterosexual couples, it remains closed to singles and the LGBTQ+ community. He addresses a common question: can Australians of Vietnamese origin return to their birth country for surrogacy? The answer is complex and requires strict adherence to intrafamily criteria and prior government approval. Furthermore, Stephen shares a cautionary tale of the "black market" and the "mess" that ensues when intended parents act out of ignorance, resulting in children being stuck in Vietnam without clear paths to citizenship. This episode is a vital resource for ensuring your surrogacy journey is ethical, legal, and successful. In This Episode: The specific restrictions of surrogacy law in a communist jurisdiction.Why intrafamily, altruistic surrogacy is the only legal pathway in Vietnam.Eligibility hurdles for heterosexual couples, singles, and the LGBTQ+ community.The legal standing of Australians with Vietnamese heritage.Warning signs of the surrogacy black market and "slick marketing" traps.The logistical and financial nightmare of children being stuck overseas.The necessity of dual-jurisdiction legal advice (Australia and Vietnam).How the Department of Home Affairs handles citizenship by descent in these cases.For expert assistance with international fertility law, visit our website: https://pageprovan.com.au/ Made by Law Firm Marketing Experts, Practice Proof

    4 min

  4. MAY 21

    Surrogacy in Cyprus: Understanding the North vs South Divide

    Send us Fan Mail The island of Cyprus, divided for over 50 years, presents a complex and dangerous landscape for intended parents. In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page examines the legal realities of surrogacy in both the Republic of Cyprus and the Turkish Republic of North Cyprus. Stephen highlights the case of Lloyd & Compton, a Brisbane Family Court matter that serves as a stark warning to any Australian intended parent. In that case, a couple was referred for criminal prosecution in Queensland after pursuing surrogacy in North Cyprus. Stephen explains the logistical nightmare of parentage in an unrecognised state, the history of "smuggling" children across the UN line of control, and the recurring reports of IVF errors and surrogate exploitation. This episode covers the vital intersections of international geopolitics, Australian criminal law, and the ethical considerations of modern fertility treatment. In This Episode: The geographical and political division of Cyprus and its impact on law.Why the Republic of Cyprus is not a common destination for Australians.The lack of regulation in North Cyprus and the resulting "Wild West" environment.Deep dive into the Lloyd & Compton case and the risk of criminal referral in Australia.The reality of birth certificates and parentage recognition in North Cyprus.Ethical concerns regarding surrogates brought in from third-party countries.A summary of Australian state laws regarding commercial surrogacy and egg donation.For expert assistance with international fertility law, visit our website: https://pageprovan.com.au/ Made by Law Firm Marketing Experts, Practice Proof

    5 min

  5. MAY 18

    Surrogacy in Kyrgyzstan: The New Frontier or a Legal Minefield?

    Send us Fan Mail As international surrogacy destinations continue to shift due to war and legislative changes, a new player has emerged in Central Asia: Kyrgyzstan. In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page breaks down the 2024 legal changes in Kyrgyzstan that allow surrogacy for almost anyone, regardless of sexual orientation or marital status. However, Stephen warns that "legal" does not always mean "safe" or "ethical." He exposes the complex and often uncomfortable operational models being used, where embryos are created in unregulated environments like Cambodia before being shipped to Kyrgyzstan for birth. Managed largely by Chinese agencies marketing to their own domestic market, the Kyrgyz system remains a black box for many Westerners. Listeners will hear the latest statistics from the Department of Home Affairs regarding Australian births in Kyrgyzstan and receive a stark reminder about the extraterritorial reach of Australian state laws. For intended parents in six out of eight Australian jurisdictions, the path to Kyrgyzstan is fraught with the risk of committing criminal offences related to commercial surrogacy and egg donation. This episode is a crucial guide for anyone looking at the "new frontier" of Central Asian fertility treatment. In This Episode: The 2024 legislative landscape for surrogacy in Kyrgyzstan.Why Kyrgyzstan’s inclusive eligibility differs from Georgia and Ukraine.The "Cambodia Connection": The ethical and legal risks of cross-border embryo creation.Why the lack of English-language information is a major red flag for intended parents.Exclusive data on the first Australian children born via Kyrgyz surrogacy in 2025.A breakdown of Australian state laws (QLD, NSW, ACT, NT, SA, WA) and their impact on overseas surrogacy.The dangers of being an "early adopter" in an unregulated international legal environment.For expert assistance with international fertility law, visit our website: https://pageprovan.com.au/ Made by Law Firm Marketing Experts, Practice Proof

    5 min

  6. MAY 16

    The End of International Surrogacy in Kenya? What Australians Need to Know

    Send us Fan Mail Kenya has historically been a "wild west" for international surrogacy—an unregulated environment that has led to its inclusion on several international caution lists. In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page provides a deep dive into the realities of surrogacy in Kenya and the major legislative reforms currently underway in 2026. Stephen reveals data obtained through Freedom of Information requests, showing that while the number of Australians heading to Kenya is low, the legal and ethical risks remain high. He explains the current reliance on adoption orders to secure parentage and contrasts this with the proposed Assisted Reproductive Technology (ART) Bill 2022. This Bill, which has passed the National Assembly and is now before the Senate, threatens to eliminate Kenya as an option for Australian intended parents by prohibiting commercial arrangements and limiting surrogacy to Kenyan citizens who meet specific medical criteria. This episode is a vital watch for anyone navigating the complexities of international fertility law and seeking to understand the global shift toward more restrictive, altruistic surrogacy frameworks. In This Episode: Analysis of Department of Home Affairs data on Australian surrogacy births in Kenya.Why international governments have flagged Kenya for potential exploitation of women.The current legal process: Reliance on adoption orders and the lack of statutory regulation.An update on the Assisted Reproductive Technology Bill 2022 as of May 2026.The transition from an unregulated market to a state-supervised system.Potential impacts on foreign intended parents if the Senate passes the new Bill.Ethical considerations regarding the power imbalance between agencies and surrogates.For expert assistance with international fertility law, visit our website: https://pageprovan.com.au/ Made by Law Firm Marketing Experts, Practice Proof

    5 min

  7. MAY 14

    Parental Child Abduction: What to Do if Your Child is Not Returned

    Send us Fan Mail International child abduction remains one of the most challenging areas of family law, involving a delicate balance between international treaties and the welfare of children. In this episode, Bruce Provan, Managing Director of Page Provan, provides an authoritative overview of the Hague Convention and its application in Australia. Bruce explains the two primary types of abduction: the removal of a child from a country without the other parent's knowledge, and the "wrongful retention" of a child after an agreed period of overseas travel. Listeners will gain insight into the legal criteria for a return order, the importance of establishing "habitual residence," and the specific defenses that can be raised in court to prevent a child's return. This episode is essential listening for any parent dealing with international custody issues or those seeking to understand the safeguards provided by Australian and international law. In This Episode: The fundamental purpose of the 1988 Hague Convention.How the central authority coordinates between Australian and international government departments.The legal definition of habitual residence and rights of custody.Specific exceptions to the convention, including the 12-month rule and the age limit of 16.Real-world case studies, including the high-profile Italian girls' case.The role of the US State Department in monitoring convention compliance.Why having a formal court order can simplify international recovery.For expert assistance with international family or fertility law matters, visit our website: https://pageprovan.com.au/ Made by Law Firm Marketing Experts, Practice Proof

    6 min

  8. MAY 11

    Cheap Surrogacy in Armenia? The Hidden Legal Traps You Must Know

    Send us Fan Mail Armenia has emerged as a financially accessible international surrogacy destination, but what are the hidden legal dangers? In this episode, Stephen Page provides a critical look at the complex and highly restrictive surrogacy laws in Armenia, explaining why he considers the process there far too risky for intended parents. Stephen breaks down the recent amendments to Armenia's Law on Reproductive Health and Reproductive Rights. He reveals that while legally married heterosexual couples and some single parents can access the system, same-sex couples are explicitly banned. Furthermore, he highlights a deeply concerning legal hypocrisy: Armenian women are prohibited from acting as surrogates for foreign intended parents. This forces clinics to bring in surrogates from surrounding nations, echoing past cross-border surrogacy crises seen in other parts of the world. Stephen explains why this practice dramatically increases the risk of exploitation and severely complicates securing a parentage order if the surrogate gives birth outside of Armenian borders. In This Episode: Australia's unique tracking of international surrogacy citizenship applications.The strict eligibility criteria for accessing surrogacy in Armenia.Cost estimates versus the reality of multiple required international trips.Why Armenian women are legally barred from being surrogates for foreigners.The severe exploitation risks of cross-border surrogacy arrangements.How a surrogate giving birth in a third country jeopardises parentage rights.Why Stephen Page advises intended parents to seek safer, regulated alternatives.For more information and expert legal support, visit: https://pageprovan.com.au/ Made by Law Firm Marketing Experts, Practice Proof

    4 min
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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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