NSW Parentage Orders and International Surrogacy: What’s Changed

The 2025 changes to NSW surrogacy laws were meant to help families who had children through international surrogacy. In reality, many intended parents still cannot access NSW parentage orders, or are too anxious to try.

I’ve been advocating for reform to fix these issues, including meeting with Alex Greenwich MP in April 2026 and presenting to the NSW Parliament’s Select Committee on Fertility and ART Support. These discussions focused on making the law more accessible and workable for families.

So what do intended parents need to know about NSW Parentage Orders for children born overseas?

1. The 6-month deadline is still a major barrier

Applying for NSW parentage orders usually requires the application to be made within 6 months of your child’s birth.

The new laws only started on 1 July 2025. Many families already had older children by then, meaning they missed the deadline.

The Court can allow late applications, but only in “exceptional circumstances”. That’s a high bar, and there’s no guarantee.

For parents, this means that many families may be excluded completely, especially where their children were born before 1 January 2025. Other parents face uncertainty and legal costs, including for those who are applying first and waiting on a judicial outcome.

The outcomes depend on individual judges and there are no guarantees that an application for a parentage order will be successful.

2. International commercial surrogacy is still a criminal offence

New South Wales law still makes it a criminal offence to enter into a commercial surrogacy arrangement overseas.

The new laws have not changed this.

But the law now allows intended parents to apply for a parentage order for a child born through that same arrangement.

This means there are risks for intended parents applying for a parentage order, including that they need to explain the nature of their overseas arrangement. That may involve admitting to conduct that is technically illegal. There is no guaranteed protection from prosecution.

Some families are too afraid to apply.

Others must weigh up the legal recognition of their child versus potential criminal consequences.

3. Other practical challenges

Recent court cases have highlighted additional issues:

Unclear rules about what counts as “exceptional circumstances”
Complex evidence requirements, especially for overseas surrogates
No protection from criminal liability when applying
No real pathway for families with children born before the law changed

These laws were supposed to prioritise the best interests of children.

But right now, many families are left with no legal recognition of their parentage, ongoing uncertainty and fear of legal consequences.

There are some clear, practical reforms that would make a real difference:

Allow late applications based on the child’s best interests (not “exceptional circumstances”).
Create a clear pathway for families with older children.
Remove or reduce criminal penalties for international surrogacy.
Ensure parents can apply for orders without risking prosecution.

The 2025 reforms were an important step — but they don’t yet work in practice.

Until the law is fixed, many intended parents remain stuck in a difficult position: unable to secure legal recognition for their child, or too at risk to try.

If you are a NSW intended parent considering parentage orders and international surrogacy, you should obtain legal advice as soon as possible.

You can watch the Select Committee hearings on YouTube, including the my opening statement below. The full recording is on the NSW YouTube page.