Surrogacy in South Australia.
South Australia reviewed its surrogacy laws and now enacted the Surrogacy Act 2019. The Act came into effect on 1 September 2020.
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 SA will include:
- The intended parents must have a social or medical need for surrogacy. This includes singles and couples who cannot conceive or carry a baby themselves. You can read more about qualifying for surrogacy in Australia.
. - That the birth mother is over 25 years of age, and that she must be an Australian Citizen or Permanent Resident.
. - The intended parents must also both be Australian Citizens or Permanent Residents.
. - 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 with a qualified counsellor.
. - That the parties have obtained legal advice about the arrangement.
. - There must be a written Surrogacy Agreement signed by all the parties.
. - It is illegal to be paid to facilitate a surrogacy arrangement or introduce people who are seeking to enter a surrogacy arrangement.
It is not illegal to advertise for a surrogate in SA.
You can read about the steps to follow once you have a surrogate, or consider what you need to do to find a surrogate.
If you are considering becoming a surrogate, you can read more about that here.
If you’re from another state, you can find all the details of the surrogacy laws that apply to you.
If you would like to know more about how surrogacy works in Australia and South Australia, you might like to download the Surrogacy Handbook, or book in for a consult with Sarah below. You can also hear stories from intended parents and surrogates on the Surrogacy Podcast.
Sarah can assist with surrogacy arrangements across all States, including South Australia and cross-border arrangements. You can contact me here. All consults are conducted over Zoom and email. You can book in for a consult with me below, and check out the legal services I provide.
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.
