It is an enormous privilege to be part of the Australian surrogacy community, and even moreso to work within it. I have always felt that the greatest gift of surrogacy is not handing over the child – although that’s pretty amazing – but being part of the community and spending time with other surrogates and intended parents.

I have practiced in surrogacy law since 2016. Since 2021, I have kept records of the Australian surrogacy arrangements I have been lucky enough to assist. In October 2024, I was able to record the 500th Australian surrogacy arrangement since 2021. This information provides a really valuable insight into surrogacy in Australia.

Who is entering a surrogacy arrangement?

Of 500, arrangements, 61.6% were for straight couples, while 32.7% were for gay male couples. 3.5% were for single women, and 2.3% for single men. Other than Western Australia, it is legal for singles, couples, heterosexual and gay couples to enter an Australian surrogacy arrangement.

Surrogacy relationships

Consistently over the years, 79% of arrangements were between ‘existing’ relationships – friends, family, work colleagues and other close connections. The remaining 21.% were between ‘new’ relationships, the majority of which were formed on social media. Many of those connected via Facebook groups including the Australian Surrogacy Community and various state-based groups.

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Finding a surrogate

In 2024, I also started recording the nature of the relationships, breaking down further how people found a surrogate. Of the existing relationships, the majority are between friends (47%), followed closely by sisters (including step-sisters and sisters-in-law) at 26%.

Other family members – mothers, cousins, aunties – make up about 13%, while work colleagues accounted for 12% of arrangements. 2% of arrangements were between friends who had started as neighbours.

New surrogacy relationships

Of the 21% of new arrangements, 95% were formed on social media, which is free to join. Of 100 arrangements so far in 2024, only one reported being ‘matched’ via Surrogacy Australia’s Support Service. It is disappointing that a service that charges over $1,300 for intended parents to join under a promise of helping them find a surrogate has a negligible success rate. I do not recommend intended parents or surrogates join SASS. Facilitating a surrogacy arrangement and advertising such a service is illegal in several Australian states.

Surrogacy Australia Support Service failure

While my statistics only account for arrangements that I have assisted with, there have been only 13 introductions facilitated by SASS since 2019, and two babies born. If the 13 matches were reflected in my 500 cases since 2021, this would account for 2.6%.

Of 600 births across 6 years, SASS can claim two – less than 0.4% of all surrogacy births. No matter how these figures are broken down, it is clear that SASS has not been successful in matching surrogacy arrangements, despite charging many intended parents to join each year.

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Traditional and gestational surrogacy

While gestational surrogacy is the majority of Australian surrogacy arrangements at 85%, traditional surrogacy arrangements make up 15% of all arrangements. This might be a surprise to some, including clinics that claim that traditional surrogacy is illegal. 75 arrangements is not something to dismiss, and it’s important that traditional surrogacy is not stigmatised and recognised as being legal across Australia.

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Surrogacy births

Intended parents often ask about the success rates of IVF and how many embryos they might need for surrogacy. Of 500 surrogacy arrangements, I have so far recorded about 275 births – just over 50%. This is somewhat consistent with figures from ANZARD, which reports that embryos success rates for a live pregnancy is about 40 per cent. Most intended parents hope to have 3-4 embryos in storage for a surrogacy arrangement, if they can.

ANZARD has also advised me that there were 102 surrogacy births in Australia in 2022, resulting from fertility treatment. I record about 75-80 surrogacy births for my own clients each year. The majority of surrogacy pregnancy conceived in an IVF clinic is from gestational surrogacy. We know there are about 15% of traditional surrogacy arrangements, so we can guess that there are at least 120 surrogacy births each year.

If you are new to surrogacy, you can read about how to find a surrogate, or how to become a surrogate yourself. You can also download the free Surrogacy Handbook which explains the processes and options.

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.

Looking for a surrogate and not sure where to start? We Need a Surrogate – What’s Next? And if you have a surrogate or intended parents, you can get started on the surrogacy process.

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.

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