The Australian government announced a review of Australia’s surrogacy laws and the Australian Law Reform Commission is now conducting that review. There will be two opportunities to make a submission, and one opportunity is now!

I am running a webinar to help you make a submission to the Review, on Tuesday 10 June at 6pm AEST. Find out more and register.

If you are a surrogate – future, past, present, or maybe surrogate, I’m hosting a separate and private discussion for surrogates only on Wednesday 4 June at 8pm AEST. Register for the surrogates only session.

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.

The ALRC will seek submissions to an Issues Paper, which you will be able to read before making a submission. The Issues Paper will introduce the Inquiry and include and a list of questions – you can answer all of the questions, or only some. I will share a link to the Issues Paper when it becomes available.

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.

Making a submission may feel intimidating. Rest assured, there is no right or wrong way to write your submission, and telling a story from the heart is really important. I will publish a template Submission, which you will be welcome to download and use as a starting point to complete your own submission.

I will publish my own Submission, which you can then read.

Submissions on the review of Australia’s surrogacy laws can be made on the ALRC website and by email or post. Submissions will be due by Friday 11 July 2025.

What should I write?

There are many aspects to Australia’s surrogacy laws that will be covered in the Issues Paper questions. I have provided some information and resources below that might inspire your submission.

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 the post-birth parentage order process easier and more affordable.

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.

Stay tuned for updates. I’ll provide some guidance on how you can make a submission to the review when we have more details. You can subscribe for updates below.

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.

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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