Surrogacy in the Australian Capital Territory is regulated by the Parentage Act 2004. If you are an intended parent living in the ACT, then the surrogacy laws that apply to you are those of the Australian Capital Territory. This is the case, even if your surrogate lives in another State.
Possible law reform is on the horizon in ACT, and you can read more about that here.
If you are new to surrogacy, you can read about how to find a surrogate, or how to become a surrogate yourself. You can also download the free Surrogacy Handbook which explains the processes and options. You can also read a broad overview of surrogacy in Australia.
You can also purchase Sarah’s book, More Than Just a Baby: A Guide to Surrogacy for Intended Parents and Surrogates, the only guide to surrogacy in Australia.
The criteria for surrogacy in the ACT includes:
- That the birth mother is over 18 years of age.
- That neither of the birth parents are the genetic parents of the child – this means that traditional surrogacy is not allowed in the ACT, only gestational surrogacy.
- Each of the intended parents must be at least 18 years of age, and there must be two of them. Single men and women are not eligible for surrogacy in the ACT.
- One of the intended parents must be a genetic parent of the child.
- That the arrangement is altruistic. The intended parents must cover the birth mother’s out of pocket expenses in accordance with the law. Commercial surrogacy is illegal.
- That the parties have undergone surrogacy counselling about the arrangement with a qualified counsellor.
- That the parties have obtained legal advice about the arrangement and there must be a written Surrogacy Agreement signed by all the parties.
ACT intended parents cannot seek IVF treatment outside the ACT – the embryo transfer must occur within the ACT. You should speak to a lawyer before pursuing treatment options outside of your State. After the birth, the parents apply for a Parentage Order in the ACT Supreme Court.
You can read more about the process for surrogacy arrangements, and how to find a surrogate in Australia.
Are you interested in becoming a surrogate? You can read about becoming a surrogate and access a free initial advice session with me.
If you would like to know more about how surrogacy works in Australia and the Australian Capital Territory, you might like to download the Surrogacy Handbook, listen to the Surrogacy Podcast, or book in for a consult with Sarah below.
If you’re from another state, you can find all the details of the surrogacy laws that apply to you.
Sarah can assist with surrogacy arrangements across all States, including the ACT and cross-border arrangements. All advice is conducted over Zoom and email, You can contact me here. You can book in for a consult with me below, and check out the legal services I provide.