Traditional surrogacy is where a surrogate uses her own eggs to conceive, with sperm from an Intended Father or from 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.

Many fertility clinics will not facilitate a  traditional surrogacy arrangement, however it is worth contacting them to find out. Clinics in Victoria cannot 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.

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.

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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