Chief Judge John Pascoe made the comments at the National Family Law Conference this month.

He recommended Australia’s laws be reviewed after recent cases, such as the one involving baby Gammy, have exposed the issues that result from couples seeking overseas surrogates.

Slater and Gordon senior family lawyer Kim Healy agreed with Chief Judge Pascoe.

“There are gaping holes in Australia’s laws which forces couples to seek other surrogacy options overseas, putting surrogates and children at risk,” she said.

“The wellbeing of children is paramount and Australia’s surrogacy laws should reflect this rather than take a head-in-the-sand approach that forces couples to enter arrangements overseas in a deregulated environment. 

“Australian domestic laws are failing to keep pace with the developments of science that allow for children to be born via surrogacy and international laws are unable to deal with the commercial nature of surrogacy market.

“This has led to loop holes being exploited and surrogates and children to be potentially abused.”