Surrogacy in Australia is regulated in each state, which means there are no uniform laws that cover surrogacy across the country.
Surrogacy in Australia involves looking for a surrogate and not sure where to start? We Need a Surrogate – What’s Next? And if you have a surrogate or intended parents, you can get started on the surrogacy process.
If you’re interested in timelines and costs, this chart was developed by an intended parent to help you plan it out.
Surrogacy laws across Australia and follow the same basic principles:
- The intended parents must meet the criteria for surrogacy in Australia. You should check the surrogacy laws in your State to see who can access surrogacy. If you are experiencing infertility, your fertility specialist might recommend surrogacy as an option to you. You may want to explore options of donor eggs or sperm before considering surrogacy.
- The surrogacy arrangement is not enforceable. This means that if the surrogate does not relinquish the baby, or the intended parents do not accept the baby, neither party can enforce the agreement. This might seem frightening to both the birth parents and the intended parents – rest assured the chances of the surrogate keeping the baby or the intended parents refusing to take the baby are extremely rare in Australia.
- The surrogacy arrangement must be altruistic. Commercial surrogacy is illegal across Australia. This means the surrogate and her partner cannot be paid a fee or reward for carrying a baby for someone else.
- While surrogacy Australia is altruistic, the intended parents must cover the surrogate’s expenses in relation to surrogacy, pregnancy and birth. The specific expenses that can be covered varies from state to state, and you should rely on legal advice to understand what is covered.
. - Each surrogacy Australia arrangement must follow the process to ensure they can obtain a parentage order after the birth. The process is explained in more detail in this post, and it involves surrogacy counselling and everyone obtaining legal advice.
- When the baby is born, the birth is registered in the state where the baby is born, with the surrogate and her partner listed as the baby’s parents on the Birth Certificate. After the birth, the intended parents can apply to the Court for a Parentage Order in the State where they live. The Birth Certificate is then re-issued with the new parents listed, instead of the surrogate and her partner. You might be interested in the DIY Parentage Order option to reduce costs.
Read more information about surrogacy laws in Australia, and those that apply in your state. If you are interested in surrogacy options overseas, this post might be useful.
Sarah does not recommend the Surrogacy Australia support service to find a surrogate as success rates are poor and the service is not professionally run.
Looking for more information? Be sure to check out The Blog, and listen to the Surrogacy Podcast. And don’t forget to download your free Surrogacy Handbook.
Sarah has written a comprehensive guide for surrogacy in Australia, More Than Just a Baby: A Guide to Surrogacy for Intended Parents and Surrogates, which you can purchase in digital or hard copy.
You can also book in for a consult with me below, and check out the legal services I provide. Sarah practices across Queensland, Victoria, Western Australia, Tasmania, New South Wales, South Australia, ACT and the Northern Territory.
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements. I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two 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.
