International Surrogacy Troubles Leave Australian Families Stranded Overseas

Multiple Australian families and a surrogate have reported significant legal, financial, and personal difficulties following international surrogacy arrangements in Argentina, Colombia, and Georgia.

The Australian government has updated its travel advice for Argentina, warning of legal risks. International surrogacy remains a complex and largely unregulated area of law in several countries.

Cases in Argentina

Jamie Roberts

Melbourne father Jamie Roberts has been stranded in Argentina for 11 months with his daughter after traveling there for a surrogacy arrangement. In March 2025, Roberts reported encountering procedural errors when attempting to register his daughter's birth in Buenos Aires.

Local authorities have not recognized him as a legal parent, and his name is not on the child's birth certificate. This has prevented his daughter from obtaining identification documents required for travel to Australia.

Roberts reported that the situation has depleted his savings due to costs including legal fees, temporary accommodation, and living expenses. He has relocated seven times within Buenos Aires. He has been unable to access Australia's federal parental leave scheme while overseas and has initiated a GoFundMe page to cover expenses.

The Department of Foreign Affairs and Trade (DFAT) confirmed it is providing consular assistance to Roberts.

Amy and Jonathan Carr-Knox

Amy and Jonathan Carr-Knox have been in Buenos Aires for 12 months following the birth of their daughter, Sophie, in February 2025 via a surrogacy arrangement. The couple had pursued parenthood for over a decade, including adoption, IVF, and surrogacy in Canada, before entering an agreement in Argentina in early 2023.

According to the couple, the process for issuing birth certificates in Argentina changed in mid-2024. Following a new government in late 2023 and growing concerns about unethical surrogacy practices, the default position for birth certificates reportedly changed to name the surrogate as the legal parent. For intended or biological parents to be listed, a judicial decision is now generally required.

Sophie was born four weeks early. The couple reported paperwork errors in their surrogacy agreement prepared by their agency. Without Jonathan's name on the birth certificate, the couple lacks legal recognition of their relationship to Sophie, preventing her from leaving Argentina without the surrogate.

A court case was filed in Argentina in May 2025 to seek recognition of parentage. The family has resided in 11 different rental homes, is unable to work, and is reliant on donations. DFAT confirmed providing consular assistance to the couple.

Australian Government Advice for Argentina

In July 2024, the Australian government updated its travel advice for Argentina on the Smartraveller website. The advice indicates that Argentine authorities may deem surrogacy arrangements illegal, and individuals involved may be denied entry. The advice recommends seeking comprehensive and independent legal counsel from an Argentine lawyer specializing in this area before traveling. The Smartraveller advice notes that prolonged stays may be required.

Foreign Minister Penny Wong advised Australians considering international surrogacy to seek reliable, independent legal advice prior to proceeding, highlighting the legal uncertainties and risks.

Allegations Against Agency Global Surrogacy (KinPath Surrogacy)

Multiple clients and a surrogate have raised allegations against the surrogacy agency Global Surrogacy, now rebranded as KinPath Surrogacy, and its director Paul Norris-Ongso. The allegations include unethical practices, contract discrepancies, payment delays, failure to file paperwork, and withholding genetic material.

Client Cases

• Jim's case: Jim reported that his son was born prematurely in Georgia during the COVID-19 pandemic. The couple faced $10,000 in unpaid hospital fees, legal battles for parental rights, and delays in citizenship paperwork. They paid double for neonatal care and were reimbursed after 18 months.

• Peter and Stephen's case: Peter and Stephen reported paying $184,000 for a double surrogacy program in Colombia. After the second transfer failed, Norris-Ongso demanded an additional $61,000 and allegedly halted the process to demand more money. They claimed he held embryos "hostage" and failed to file citizenship paperwork.

Surrogate Allegations

• Danna Martinez: Martinez alleged she was told to ignore medical advice after a significant bleed and felt treated as "disposable." She reported payment delays.

• Other case: Another couple reported that their surrogate refused to sign parental rights paperwork until paid in full, due to concerns about delayed payments.

Agency and Director Background

Global Surrogacy was founded in 2012. It became insolvent in 2021, was registered in Hong Kong in 2019, and rebranded to KinPath Surrogacy in June 2025, registering in Delaware, US. Norris-Ongso is a former lawyer who does not hold a current Australian practising certificate. He was disciplined in 2021 for unsatisfactory professional conduct.

Statement from Paul Norris-Ongso

Norris-Ongso declined to answer individual questions. In a general statement, he cited pandemic disruptions, said the company "respects and protects surrogates," denied holding genetic material hostage, and stated the company would "vigorously defend our reputation."

Context on Australian Surrogacy Law

In Australia, only altruistic surrogacy is legal, allowing reimbursement for direct costs but prohibiting commercial payments. Demand for domestic arrangements exceeds supply. A total of 369 children born through surrogacy became Australian citizens in the last financial year, an increase from 218 in 2021. Top countries for these births included the United States, Georgia, Colombia, Mexico, and Argentina.

Surrogacy lawyer Sarah Jefford noted that the industry can be "seedy," with companies operating offshore to avoid legal action, and that clients pay over $100,000 while surrogates receive less than $5,000.

Jefford stated there is zero regulation for what happens abroad. She, who has served as an altruistic surrogate, indicated that compensating surrogates could increase participation in Australia.

Government and Legal Developments

The Australian Law Reform Commission has released a discussion paper suggesting a national regulator for surrogacy.

In October 2024, Argentine prosecutors reported uncovering a "criminal enterprise" that allegedly charged foreign couples $50,000 for babies born via surrogacy. This group was accused of exploiting vulnerable women and "commercializing" babies.

In April 2024, the city of Buenos Aires temporarily suspended the issuance of birth certificates for babies born through surrogacy.