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.

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.
  • 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 counselling about the arrangement.
  • 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.

If you would like to know more about how surrogacy works in Australia and the Australian Capital Territory, you might like to download the Handbook, or book in for a consult with Sarah below.

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.

Book an initial 30 minute consult

Click here to book!