Surrogacy in Australia

It’s really important that you consider all the issues and all the situations that might occur when you are looking at surrogacy. Because if at any time you have any doubt then it would be my advice that it’s probably not the right situation to be doing it. Leanne - mother of a child via surrogacy

Benefits of domestic surrogacy

Engaging an Australian surrogate has the benefit of legal protections that ensure that she is known to your potential child and to you. She is perhaps more likely to have a similar outlook, cultural background and language to your own. 

Treatment within an Australian clinic is medically safe and controlled. Surrogacy in Australia also poses fewer legal challenges regarding immigration, citizenship, and recognition of parentage. New laws passed on 30 October 2014 allow parents of children born in Victoria through a non-commercial surrogacy arrangement in another Australian State or the Australian Capital Territory to have their parentage legally recognised (treatment in the Northern Territory will not be covered by the new arrangements as it does not have laws regulating surrogacy).

In addition, if donor gametes are needed, a domestic surrogacy arrangement increases the likelihood of your donor’s identity being available to your child.

In this section, you will find information to help you understand the legal, practical and emotional implications of surrogacy in Australia. Much of the information presented here reflects arrangements in Victoria. It is crucial that you seek advice locally, as laws vary between States and Territories. However, many of the benefits of domestic surrogacy are common across Australia.