The Australian government has announced a review of Australia’s surrogacy laws. The Attorney-General Mark Dreyfus announced on 6 December 2024 that the Australian Law Reform Commission will inquire in Australia’s surrogacy laws. The review will take some time, with the final report to the government by the end of July 2026.

You can read more about the review, 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. Submissions are not yet open, but watch this space and I’ll provide more information when it comes to light. You can be part of the Review and make a submission too!

This is an exciting time for surrogacy in Australia, and this review is an opportunity for the surrogacy profession and community to inform surrogacy law reform in Australia. With only 130 surrogacy births in Australia each year, and well over 300 babies born overseas for Australian intended parents, it’s about time we overhauled our surrogacy laws to make it more accessible, safe and viable in Australia.

I already have some ideas about how we can improve surrogacy in Australia. You can read my submission to the New South Wales surrogacy review, and my vision for surrogacy in Australia. I am undertaking a Churchill Fellowship in 2025, to research best practice surrogacy to inform law reform in Australia.

I think it’s time for one national surrogacy law. Australia’s surrogacy laws are state-based and this leads to conflicting and inconsistent laws. We have situations of intended parents having to engage in legal and medical tourism in our own country. There are still prohibitions on advertising for a surrogate in several states, which means that most people are unaware that surrogacy is an option in Australia.

The government should deliver an awareness and education program for surrogacy in Australia. Most people start with the question “Is surrogacy legal in Australia?” and with that question, it’s no wonder that it’s so difficult to find a surrogate in Australia.

We need to seriously consider compensating surrogates in Australia. The fertility industry is worth over $700 million in Australia each year, and yet we expect surrogates to do all the work of pregnancy and birth, and take the risk, without payment. If we are serious about making surrogacy more accessible within Australia, then compensated surrogacy needs to be on the table.

There are huge risks for cross-border surrogacy, particularly in countries where surrogacy is poorly regulated. There are often stories of human trafficking and exploitation of surrogates and children. There is evidence of poor health outcomes for babies and surrogates born via international surrogacy. In Australia, we have an excellent health system and universal health care. The very best place for Australian children to be born is in Australia.

Children born through international surrogacy often experience delays with being granted citizenship and are at risk of being stateless. Their parentage in Australia is still unprotected and questioned.

The easiest way to protect the rights of children born via surrogacy is to give their parents the best opportunity to engage in surrogacy in Australia.

Meanwhile, we need to regulate the industry. Third-party brokers exploit vulnerable intended parents, selling them a promise of a baby overseas and at considerable profit for themselves. There are Australian companies marketing commercial surrogacy in poorly regulated countries, despite the human rights concerns and when things go badly, these companies offer support to exit the country – again at great profit for themselves. The Australian government has a responsibility to protect Australians from profiteers in the industry. This regulation should extend to surrogacy matching services like Surrogacy Australia.

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.

You can read a broad overview for Australia’s surrogacy laws 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.