The Australian government announced a review of Australia’s surrogacy laws and the Australian Law Reform Commission is now conducting that review.

There is information in this article about making a submission to the Review. Submissions have now closed. There will be a further opportunity to make submissions later in 2025.

You can read my submission – it’s 18,000 words long! If you prefer, you can read my snapshot version of recommendations.

I ran an information webinar about how to make a submission, which you can watch in full on YouTube.

There’s also a Make A Submission Fact Sheet and you can read more ideas for reform.

The media are reporting on the review, and should read this article before hitting publish.

You can read more about the review of Australia’s surrogacy laws, and the Terms of Reference, on the ALRC website. You can also subscribe to the ALRC for updates to be kept informed as the review progresses. I am pleased to be part of the ALRC’s Advisory Committee, assisting to inform the review.

Submission will be published on the ALRC website, but will be de-identified, to protect the identities and privacy of the people involved and the children and persons born through surrogacy. Some submissions will remain confidential.

Why do we need reform?

Surrogacy is not very accessible in Australia. For every child born in Australia via surrogacy, there are more than three born overseas each year. You might like to consider how we can make surrogacy more accessible, such as removing prohibitions on advertising, compensating surrogates, and making pre-birth parentage orders available to transfer parentage. I think it’s time that Australian surrogates were paid.

Australia’s surrogacy laws are a patchwork of different laws. I believe the laws should be harmonised, such that anyone in Australia engaging in surrogacy is subject to the same laws and processes.

Did you experience challenges finding accurate information about surrogacy? What do you think services like clinics, counsellors and lawyers should know?

Finding a surrogate can be difficult in Australia. Would agencies and matching services make it easier? In that case, should we allow those services in Australia and how should they be regulated?

Medicare and Centrelink create barriers for children born via surrogacy and their parents. Should those agencies implement changes and policies to streamline applications involving children born via surrogacy?

Many people experience challenges with hospitals and healthcare providers during surrogacy pregnancy and birth. How can we promote awareness about surrogacy so that hospitals are providing the best care?

If you have engaged in international surrogacy, you’ll be well aware of the challenges in cross-border surrogacy, and returning home to Australia. What can we do to make sure children born via surrogacy are granted citizenship, visas and passports in a way that protects their safety, identity and right to parentage?

And in case you hadn’t heard, some states criminalise international commercial surrogacy. What does this mean for the rights and best interests of the children born?

I have some other ideas about how we can improve Australia’s surrogacy laws. You can read my submission to the New South Wales surrogacy review, and my vision for surrogacy in Australia.

Remember, your submission should be your own, and based on your experience of surrogacy in Australia or overseas. The most compelling and impactful submissions will be those from the community that have experience of surrogacy. Tell your story from your heart.

We have a once-in-a-generation opportunity to create a surrogacy framework that supports accessible surrogacy within Australia and protects everyone’s rights. Even if you’ve completed your family or moved on from surrogacy, your voice is crucial to make change happen to Australia’s surrogacy laws.