Surrogate Age Limits

There are some surrogate age limits applied to surrogacy in Australia, and each State has it’s own requirements and restrictions. In most States, the surrogate must be over 25 years of age. In the ACT, the surrogate must be over 18.

There are no laws that require a surrogate to be under a certain age. There are many cases of surrogates who were well into their 40’s, and in some cases in their early 50’s. Some clinics will apply age limits such as 48, or 52. None of these age limits are legal restrictions; rather they are clinic policy based on what the specialists and clinics think is an appropriate age. Being post-menopausal does not usually prevent a woman from becoming a surrogate, at least not on its own.

Who is a good candidate for surrogacy really is an individual, case by case assessment, and needs to be determined by a medical specialist. Most medical practitioners will consider factors including overall health, BMI, previous pregnancy and birth history, any health conditions and age. A combination of all of those things may determine whether a woman is a good candidate for another pregnancy – there really is no ‘one size fits all’ answer.

If you are considering becoming a surrogate and are interested in whether you would be approved, you should speak to your own GP first. Generally speaking, the fertility specialist treating the intended parents will need to approve you as a surrogate before you can proceed. It is important to speak to your GP before offering to be a surrogate for someone, in case there is any medical reason why you would not be approved.

If you are interested in learning more about surrogacy, you can read more about whether you are a good candidate to be a surrogate, and download the Surrogacy Handbook, and read the Blog to see if your questions can be answered there.

Sarah provides free initial consults for future surrogates – you can book in at the link 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.

Book an initial 30 minute consult

Click here to book!