Surrogacy in South Australia.
If you are an intended parent living in South Australia or a surrogate carrying for South Australian intended parents, the Family Relationships Act 1975 applies to you.
The criteria for surrogacy in SA includes:
- That the intended parents have a social or medical need for surrogacy. This includes same sex male couples, and opposite sex couples who cannot conceive or carry a baby themselves.
- Single men and women cannot currently access surrogacy in Australia.
- That the birth mother is over 18 years of age.
- 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.
South Australia intended parents cannot seek IVF treatment outside SA. You should speak to a lawyer before pursuing treatment options outside of your State.
It is not illegal to advertise for a surrogate in SA. Read more about how you can find a surrogate in Australia.
If you would like to know more about how surrogacy works in Australia and South Australia, you might like to download the Handbook.