If you are an intended parent living in Tasmania or a surrogate carrying for Tasmanian intended parents, the Surrogacy Act 2012 applies to you.

The criteria for surrogacy in Tasmania 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.
  • That the birth mother is over 25 years of age.
  • The birth mother has given birth to her own live child.
  • Each party to the surrogacy arrangement, at the time the arrangement was entered into, is resident in Tasmania.
  • Each of the intended parents must be at least 21 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.

If you are a surrogate living in Tasmania, you can carry for intended parents who live outside Tasmania. However, Tasmanian intended parents are limited to finding a surrogate who also lives in Tasmania.

It is illegal to advertise for a surrogate in Tasmania, and it is illegal for someone to publish anything that indicates they are willing to be a surrogate for someone else. Read more about how you can find a surrogate in Australia.

You can read about the steps to follow once you have a surrogate.

If you are considering becoming a surrogate, you can read more about that here.

If you would like to know more about how surrogacy works in Australia and Tasmania, you might like to download the Handbook, or book in for a consult with Sarah below. You can also hear stories from intended parents and surrogates on the Podcast.

Sarah can assist with surrogacy arrangements across all States, including Tasmania and cross-border arrangements. You can contact me here. All consults are conducted over Zoom and email.

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.