Surrogacy

Surrogacy is a form of assisted reproductive treatment (ART) in which a woman (the surrogate) agrees to carry and give birth to a child on behalf of another person or couple, referred to as the 'commissioning parent(s)' or 'intended parent(s)'. 

When considering a surrogacy arrangement, it can be difficult to know how to begin and what to anticipate. VARTA offers information and a range of resources - including podcasts, videos and written material - to help all parties navigate this complex process. This information is intended only to provide a summary and general overview. It does not constitute legal advice, nor does it take into account your personal circumstances.

As the laws affecting surrogacy vary between states within Australia and internationally, VARTA strongly advises people to seek independent legal, medical and counselling advice about surrogacy arrangements.

In this section, we provide information and resources for surrogates and for commissioning parents.

VARTA thanks the following people for their contribution to this resource:

  • Nicolas Walker, Leonie Kelleher and Loretta Houlahan, Kellehers Australia, Barristers and Solicitors
  • Hannah Court, Victoria Law Foundation Intern
  • Rita Alesi, Monash IVF
  • Catherine Nave, Melbourne IVF
  • Erin Keleher and Sharon Perera, Victorian Registry of Births, Deaths and Marriages