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.
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  • That the birth mother is over 25 years of age.
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  • The birth mother has given birth to her own live child.
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  • Each party to the surrogacy arrangement, at the time the arrangement was entered into, is resident in Tasmania.
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  • Each of the intended parents must be at least 21 years of age.
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  • 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.
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  • That the parties have undergone counselling about the arrangement with a qualified counsellor.
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  • That the parties have obtained legal advice about the arrangement.
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  • There must be a written Surrogacy Agreement signed by all the parties.

Tasmanian intended parents can only seek IVF treatment within Tasmania. You should speak to a lawyer before pursuing treatment options outside of your State.

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.

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.

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.