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.

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.