Is Surrogacy in Australia Legal?
Yes, surrogacy is legal in Australian family law, but the rules vary across states and territories.
Each region has its own laws governing surrogacy arrangements to ensure they are conducted ethically and in the best interests of everyone involved. Generally, only altruistic surrogacy—where the surrogate is not paid beyond reasonable expenses—is permitted nationwide.
Key takeaway: Surrogacy is legal across Australia under altruistic arrangements. Commercial surrogacy, where payment is made beyond reasonable costs, is prohibited.
Understanding Surrogacy in Australia
Surrogacy in Australia involves a woman (the surrogate) carrying a child for another individual or couple (the intended parents). The arrangement must be based on goodwill rather than financial incentive.
While the laws are similar across most states, the eligibility criteria, approval process, and court requirements may differ slightly depending on where you live.
Key takeaway: Every state and territory in Australia allows altruistic surrogacy, but the legal requirements differ, so it’s important to follow your state’s regulations.
Who Can Enter a Surrogacy Arrangement?
Surrogacy in Australia is open to a wide range of people, including:
- Heterosexual couples who cannot conceive naturally
- Same-sex couples
- Single individuals unable to carry a child
While marital status or gender identity are not barriers, the intended parents must meet specific medical and legal conditions under their state or territory’s surrogacy laws.
Key takeaway: Surrogacy is inclusive and available to a diverse range of individuals, as long as they meet the legal and medical requirements in their jurisdiction.
The Legal Process for Surrogacy in Australia
The surrogacy process varies slightly by state but generally follows these key steps:
- Creating a Surrogacy Agreement
- The agreement must be made before conception.
- It should be in writing and signed by all parties.
- The surrogate must meet minimum age and eligibility requirements (often 25+).
- Each party must receive independent legal advice.
- Counselling Requirements: Both the surrogate and intended parents must undergo counselling with a qualified professional to ensure emotional readiness and full understanding of the arrangement.
- Conception and Pregnancy: Once all requirements are complete, conception usually occurs through assisted reproductive technology (ART) such as IVF.
- Parentage Order: After the baby is born, the intended parents must apply to the Supreme or Family Court (depending on the state) for a Parentage Order, which legally transfers parental rights.
Key takeaway: Each step—from agreement to Parentage Order—is vital to ensure the surrogacy arrangement is legally recognised across Australia.
Costs and Expenses in Surrogacy
Since commercial surrogacy is illegal across Australia, the surrogate cannot receive payment beyond reasonable costs. These may include:
- Medical and hospital expenses
- Counselling fees
- Legal advice costs
- Travel and maternity-related expenses
It’s recommended that all expenses are documented clearly for transparency.
Key takeaway: While payment for surrogacy is not allowed, reimbursing genuine expenses is legal and encouraged for fairness.
Legal Risks and Considerations
Failing to follow the proper legal process can lead to significant issues, such as:
- Invalid or unenforceable agreements
- Disputes about parental rights
- Ineligibility for a Parentage Order
- Criminal penalties for entering into commercial or overseas surrogacy arrangements (depending on your state)
Key takeaway: Ensuring compliance with your state’s surrogacy laws protects everyone involved and prevents legal disputes later.
Finding a Surrogate in Australia
It’s illegal throughout Australia to advertise for or pay someone to become a surrogate. Most intended parents find surrogates through personal relationships, support networks, or fertility clinics. Some states also have surrogacy community groups that connect intended parents and surrogates in a lawful, ethical manner.
Key takeaway: While finding a surrogate can take time, exploring personal and professional networks can make the process smoother.
Support Services for Surrogacy in Australia
Surrogacy is an emotional and legal journey, but you don’t have to go through it alone. There are numerous support services available, such as:
- Fertility and IVF clinics across major cities
- Family lawyers who specialise in surrogacy law
- Counselling and peer support groups for intended parents and surrogates
Key takeaway: With the right professional and emotional support, you can navigate your surrogacy journey with confidence and clarity.
Surrogacy is legal across Australia under strict guidelines that prioritise ethics, consent, and transparency. Whether you’re in Queensland, Victoria, New South Wales, or elsewhere, understanding your local laws and following the proper process will help ensure a safe and fulfilling surrogacy experience.