Please note that the information below concerning surrogacy in Australia was accurate at time of print (March 2018). Should laws be altered this site will be updated in accordance with those changes.
What are the laws about surrogacy in Australia?
We often see celebrities having pregnancy by surrogacy and it appears to be a simple, straight-forward process. However, the laws surrounding surrogacy in Australia are somewhat more complex. Here’s a brief breakdown of what you need to know.
- All states and territories (apart from the Northern Territory) allow ALTRUISTIC (not for payment) surrogacy. In the Northern Territory, there are no laws surrounding surrogacy.
- Commercial surrogacy (that involves paying someone to carry a baby for you) is illegal in Australia.
- In New South Wales, Queensland and the Australian Capital Territory it is illegal to enter into international commercial surrogacy (paying someone in another country to carry your baby for you). Imprisonment time is a possibility for people who live in those states pursuing that option.
- States and territories have different laws surrounding surrogacy for same-sex couples. This is expected to shift after same-sex marriage became legal in Australia in 2018. If you are involved in a same-sex relationship and would like to pursue surrogacy in Australia please contact your local member to ask them for the most accurate and current information.
- At time of print, a Medicare rebate was NOT available for the IVF treatment required for surrogacy in Australia.
Comments from the Baby Hints and Tips community
- I was a surrogate for my best friend three years ago in Brisbane. I was the first legal surrogate of twin babies in Queensland. I did not get paid for it – it is illegal in Australia to get paid. Rosie
- I recently had a friend do surrogacy for a couple in Melbourne. She did it in conjunction with Melbourne IVF and Surrogacy Australia. I’m sure that would be a great starting point. Melita
- My husband’s mum worked at a clinic where they did surrogacy.I don’t think they let anyone do it if they are not finished having their own family. They have to see a psychologist as part of the process. Erin
- I was a surrogate here in Australia and gave birth four months ago. Whomever does it needs to be sure they are finished having their family as there can be complications which may mean no more pregnancies post surrogacy – this happened in my case. Kristy
- My friend just donated to a few women who she didn’t know. She picked five families and went through the treatment. Julie
- I have a beautiful four month old baby girl born through surrogacy here in Australia. Kristy
- Not all states laws are the same so start speaking to the relevant companies in your home state. Kirsty