The ACT surrogacy laws are the oldest in Australia – that is, they were the most in need of an overhaul. The Parentage Act of 2004 needed a bit of a spring clean for a while.
Recently the ACT government sought feedback for future law reform on territory’s surrogacy laws. Pleasingly, many of the things that have been recognised as problematic were able to be reformed.
Following the 2024 reforms, the ACT now allows traditional surrogacy bringing it into line with the rest of Australia. Traditional surrogacy represent 15% of surrogacy arrangements, and should always have been treated the same as gestational surrogacy.
ACT was the only jurisdiction to require there to be a genetic link between the child and one of the intended parents, which has now been abolished with the 2024 reforms.
The ACT, alongside Queensland and New South Wales, criminalise commercial surrogacy for residents, even when they engage in commercial surrogacy in another country. The laws are perhaps meant as a deterrent, but with 250-300 babies born overseas for Australian intended parents, they are not doing the job they were meant to do. Criminalising parents of newborns does nothing to protect the rights or interests of the children born and the clauses should be scrapped.
ACT no longer requires an embryo transfer to occur within the territory. This was a great form, which allows ACT intended parents to access fertility services in New South Wales or further afield in a clinic of their choosing.
Advertising for a surrogate or intended parents is now also legal in ACT.
I have many views on commercial and compensated surrogacy, which were beyond the scope of the current ACT consultation process.
My full submission to the law reform consultation can be read here and more ideas about surrogacy law reform in Australia.
If you are new to surrogacy, you can read about how to find a surrogate, or how to become a surrogate yourself.
Sarah has published a book, More Than Just a Baby: A Guide to Surrogacy for Intended Parents and Surrogates, the only guide to surrogacy in Australia.
You can read a broad overview for surrogacy in Australia and how it works.
You can find more information in the free Surrogacy Handbook, reading articles in the Blog, by listening to more episodes of the Surrogacy Podcast. You can also book in for a consult with me below, and check out the legal services I provide.
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements. I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two dads in 2018
I advocate for positive, best practice surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.
