Surrogacy is legal in Victoria, and every State in Australia. Victorian surrogacy arrangements are regulated by the Assisted Reproductive Treatment Act 2008. The law was reviewed in 2018-9, and expected to be reformed in the coming year. Read more about the Review and stay up to date with the law reform. New Assisted Reproductive Treatment Regulations were made in 2019.

The criteria for surrogacy in Victoria includes:

  • The intended parents must 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. Read more about qualifying for surrogacy.
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  • The surrogate must be over 25 years of age.
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  • The surrogate must have had at least one child of her own.
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  • The arrangement must be altruistic. The intended parents must cover the surrogate’s out of pocket expenses in accordance with the law. Commercial surrogacy is illegal.
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  • The parties must have undergone counselling about the arrangement.
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  • The parties must have obtained legal advice about the arrangement.
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  • If the arrangement is a gestational surrogacy arrangement (ie. where the surrogate conceives with an embryo created with an egg from the Intended Mother or a donor) then the parties must seek approval from the Patient Review Panel prior to treatment.
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  • Traditional Surrogacy arrangements (where the surrogate conceives with her own egg) are legal, but cannot be facilitated by an IVF Clinic. This means the conception occurs via home insemination. Some clinics will tell you that only gestational surrogacy is legal – this is not true.
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  • The treatment – specifically the embryo transfer – must take place in a Victorian registered ART provider. If the embryo transfer occurs outside Victoria, the intended parents may not be able to obtain a Parentage Order after the baby is born.
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  • Written surrogacy agreements are not a requirement in Victoria, but this is likely to change with the upcoming legislative reforms.

It is illegal to advertise for a surrogate in Victoria. It is not illegal for Victorian intended parents to engage in commercial surrogacy overseas.

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

Sarah can assist with surrogacy arrangements across all States, including Victoria and cross-border arrangements. You can contact me here.

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.

more than just a baby

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