Traditional surrogacy is where a surrogate uses her own eggs to conceive, with sperm from an Intended Father or a donor. It is different from gestational surrogacy, where the surrogate becomes pregnant with an embryo created with an egg from the intended mother or an egg donor. Traditional surrogacy is legal in every State of Australia except the ACT, and there is no surrogacy legislation in the Northern Territory.

If you are new to surrogacy as an intended parent, you might like to start with this post. If you are a potential future surrogate, this post provides some information.

I’ve written a book, More Than Just a Baby: A Guide to Surrogacy for Intended Parents and Surrogates, the only guide to surrogacy in Australia.

Many fertility clinics will not facilitate traditional surrogacy arrangements because they believe it is illegal. If you need to rely on IVF treatment, it is worth contacting your local IVF clinic to explore your options. Clinics in Victoria cannot generally facilitate a traditional surrogacy arrangement. This leaves home insemination as the only option. However, whilst the conception is all arranged in private, the parties still need to go through the process of counselling and obtaining legal advice beforehand.  A Parentage Order cannot be obtained after the birth unless all the pre-conception requirements are met.

Traditional surrogacy is less common than gestational surrogacy, due to the availability of IVF and egg donors. Surrogates are often more comfortable not being genetically related to the baby. And whilst traditional surrogacy does not usually involve an IVF Clinic, it is not something to pursue simply to save on expenses. If you are seeking an egg donor, you might like to join Egg Donation Australia.

There are many misconceptions about traditional surrogacy, including that ‘she won’t hand over the baby.’ This is usually a comment from someone who has never met or spoken to a traditional surrogate. The truth is, in cases where the parties have followed the processes and had counselling and legal advice, there are no cases where the traditional surrogate has refused to hand over the baby.

It is important that all surrogacy arrangements follow the necessary pre-conception steps, including counselling and legal advice for all the parties. If you do not follow those steps, you may not be able to apply for a Parentage Order, and there are significant risks involved. You can read more about the issues and risks here.

I was a traditional surrogate and am aware of how complex and rewarding it can be. It is a different experience to gestational surrogacy, and should not be entered into lightly. I’ve written about my reflections as a traditional surrogate in the year after her birth. You can also watch the webinar below, with Doula Sheridon Byrne, where I talk about my experiences as a traditional surrogate.

You might be interested in other stories involving traditional surrogacy, including Podcast interviews and my interview with Katrina Hale, which focused on traditional surrogacy and home insemination.

If you are wondering how it feels to give away a baby, you can read my thoughts on that here.

If you are interested in finding out more about surrogacy, you can download the free Surrogacy Handbook, and listen to the Podcast.

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.

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