What is surrogacy?
Surrogacy is an arrangement between a woman willing to become pregnant and birth a child, and another person or couple who will then receive that child once they are born.
Is surrogacy legal in Australia?
Surrogacy laws are slightly different in each state, but across the country commercial surrogacy in Australia is illegal. Altruistic surrogacy is allowed, meaning the surrogate cannot make a profit from surrogacy and the impending parents can only fund reasonable medical and general costs for the surrogate.
What is the law in Australia?
In Victoria, under the Assisted Reproductive Treatment Act (VIC) 2008, a surrogate must be at least 25 years old and have previously been pregnant and given birth. The intended parents who will receive the child must be at least 18 years old and Victorian residents.
When the baby is born, the surrogate is initially recognised as the baby’s mother and intended parents need to apply to the Supreme Court for a Parentage Order.
International Surrogacy
It is possible to find a surrogate overseas in some countries, including Ukraine and there are many agencies that can assist in this process. It is important to note however that in ACT, NSW and QLD it is an offence for their residents to make a commercial surrogacy arrangement outside of Australia.
If you are considering surrogacy or becoming a surrogate, it is important to seek legal advice regarding the surrogacy agreements that will need to be drawn up. Please reach out to us for advice about surrogacy, both domestic and international.
