Is Surrogacy Legal in Australia?

Altruistic surrogacy is legal across Australia. Commercial surrogacy, which involves payment of a fee to the surrogate, is illegal.

Both gestational and traditional surrogacy are legal in Australia. Gestational surrogacy is where the child is not biologically related to the surrogate mother, whilst traditional surrogacy is where the surrogate is also the biological mother of the child she is carrying. Traditional surrogacy is less common, and is not legal in the ACT.

Each State have their own surrogacy laws, which you can read about here. The Northern Territory does not currently have any surrogacy laws.

Do I qualify for surrogacy in Australia?

Before you search for a surrogate, you should find out if you qualify for surrogacy in Australia. You need to have a medical or social need to pursue surrogacy.

How do I find a surrogate in Australia?

It is illegal to advertise for a surrogate or to be a surrogate in several States in Australia. Some people are lucky enough to have a family member or friend offer to be their surrogate, whilst others find someone online. There are a number of forums and groups established for the surrogacy community. You can read more about finding a surrogate here.

What’s the process for surrogacy in Australia?

Surrogacy arrangements involve counselling and legal advice for all the parties. You can read more about the process here.

You might like to download the Handbook and listen to the Podcast, to find out more about surrogacy in Australia.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her 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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