More than 900 families have achieved parenthood with our assistance
Surrogacy in Australia
Become Happy Parents with Our Global Surrogacy Program.
Thank you!
We have received your application and will get back to you soon
Become Happy Parents with Our Global Surrogacy Program.
In Australia, surrogacy is an arrangement that is strictly regulated depending on intended parents’ circumstances, and what state or territory they reside in. All the parties involved, prospective parents, surrogates, and agencies, have to follow medical, legal, ethical conditions to be certain there will be safe and transparent arrangements throughout the journey. This guide will explain the process involved, costs, laws, and the options that are available for families.
Firstly, to navigate third party reproduction in Australia, it’s important to understand what it is. This will help to clarify both medical and legal aspects for intended parents and surrogate mothers. In this section we will look at what third party reproduction is, and the types that exist throughout the world.
Surrogacy, or third party reproduction, is a term used for when a woman, sometimes called a surrogate mother, or gestational carrier, will agree to carry a baby for others. These people are called intended parents, sometimes prospective parents, and there are many different requirements for them, mainly depending on the location of where they pursue the practice. Once the baby is born, the surrogate mother will not have any rights as a parent, again, depending on the location. However, in most places, the prospective parents will become the legal parents immediately. Sometimes, this is established through a court decision.
In Australia, they do require a court order for prospective parents. We will look at this law in detail, later on in the article.
The two main types of arrangements are commercial and altruistic surrogacy, each of these have different legal standing in Australia.
Commercial involves providing a surrogate mother with compensation that is outside of the medical and pregnancy related costs. Australia is against this and does not permit anyone to take part in this type, therefore, intended parents aren’t allowed by law to give money to a surrogate mother for anything other than what has previously been mentioned. Because commercial in Australia is illegal, it often raises debate around fairness and accessibility.
Altruistic is a type based on support instead of financial gain. It is when the surrogate mother will receive reimbursements for costs associated with the pregnancy. These costs include, but are not limited to, medical care, travel, and maternity clothing. In Australia, this is legally complex, but allowed, so prospective parents can seek this approach in the country.
100%
Success rate to match IPs to a Gestational Carrier who receives medical & psychological approval900+
Babies born & counting!>90%
Our surrogates who are repeat surrogates or sent our way from Certificate of Continuation surrogates21+
Years of helping people become parentsEntering a surrogacy arrangement in Australia requires both parties, prospective parents and surrogates, to meet a number of criteria to be eligible. These rules are set by each state within the country to protect the health and rights of everyone involved. Let’s take a look below on the eligibility for each party.
Australia has particular requirements for a woman to act as a surrogate mother, it can also depend on the agency that people choose to work with as to what these are. In most of the states in the country, the main components to be a surrogate is the woman must be over 25 years old, previously give birth to at least one healthy child, and be in good physical and psychological health. Additionally, she also has to pass medical and mental health assessments to confirm she is able to safely carry and give birth to a child. More importantly, the decision must be voluntary as well as being free from financial pressure which is something that is highly regarded in the altruistic form, and it will not proceed without ensuring this is the case.
Intended parents are equally required to follow guidelines in Australia when they are pursuing the practice. Throughout the country, there is a requirement for a medical or social need, like infertility, an absence of a uterus, or a health risk that makes them unable to carry a baby. The process in Australia is also limited to citizens, or people with permanent residency.
In most of the states in Australia, the practice is open to married or unmarried couples, single people, as well as the LGBTQ+ community, but single individuals and surrogacy for LGBTQ+ couples in Australia can come across more restrictions. Checking the local state law before proceeding within the country can help make sure what is needed to pursue the practice. All the applicants must complete courses with a counselor to check they are ready for becoming parents, and obtain an approved court order prior to the process commencing.
We know this is a significant decision that requires time. That’s why your first consultation with us is a pressure-free conversation, not a sales call.
Australia’s process is clear and regulated, they have comprehensive legal and medical guidelines which must be followed. Prospective parents considering surrogacy in this country as well as surrogate mothers must work with approved clinics, legal experts, and support services to follow the rules and stay safe. In this section we will look at how a surrogate is found and the steps included.
It is reported to be challenging to find a surrogate mother in Australia, some believe this is due to commercial arrangements being illegal. It is known for prospective parents to their own personal networks or sometimes connecting with an Australian community, online forum, or support group. Consider reaching out to an approved and licensed agency as they should be able to provide help with any questions. However, please be cautious as agencies are not permitted to advertise or recruit surrogates for commercial purposes.
There are several steps involved in third party reproduction which are thorough and very important.
Firstly, counseling and assessments must be completed for both the surrogate and her family (if she has one), and the intended parents. This will involve them having mental and physical health checks performed by professionals.
Secondly, legal agreements are discussed with the legal experts, and a formal agreement is drafted, defining the rights, responsibilities, and reimbursements of any costs the surrogate incurs. Eventually, when everyone is happy with the agreement, it will be signed by both parties.
Next, the IVF treatment begins, embryos will be created from the oocyte and semen (egg and sperm) of the prospective parents or donor eggs or sperm. Then, it is transferred to the surrogate’s uterus.
The fourth step will be the confirmation of the pregnancy, and the surrogate will receive medical care throughout with informative updates for the prospective parents.
The fifth and final step is gaining an approved court order. This is completed once the baby is born, the prospective parents will be given all the rights of being parents, provided the court approves.
Compared to other countries, the laws on surrogacy are very detailed in the country. Many people ask is surrogacy illegal in Australia? It depends on the type. The Australia surrogacy legislation is created in a way to make sure the rights of everyone involved, surrogate, intended parents, and child, are all protected, ethically, legally, and healthily. Although the principles are similar across the whole country, each state and territory do have their own legislation too. Each principle is a reflection of what is considered to be best practice surrogacy arrangements within Australia, they want to ensure clarity, consent, and the wellbeing of all parties. Below, we will look at the laws to help you understand in more detail.
As we have already mentioned, altruistic is the only form that is legal in Australia, while the form commercial is banned nationwide. Again, this means surrogate mothers can only receive reimbursements for medical and pregnancy related expenses, such as travel expenses, and compensation beyond this is not permitted. The law also requires independent legal advice for the parties involved, counseling, and court approval to make the arrangement valid. In addition to this, surrogate mothers will keep their legal rights of being a parent until the court approves a parental order to the intended parents after the baby is born.
Further to the above, only citizens, or people with permanent residency within the country are permitted to pursue the practice, which prevents international prospective parents from seeking the practice in this country.
There are six Australian states and territories which are New South Wales (NSW), Queensland (QLD), South Australia (SA), Tasmania (TAS), Victoria (VIC), and Western Australia (WA). The two territories are the Australian Capital Territory (ACT) and the Northern Territory (NT). Each of these have differences in the regulations which they have set and are responsible for in their jurisdiction, below are some of the differences as well as links to the local laws.
In Western Australia (Surrogacy Act 2008), their law only allows heterosexual couples or single women to access the process.
Across the jurisdictions of New South Wales (Surrogacy Act 2010), Victoria (Assisted Reproductive Treatment Act 2008), Queensland (Surrogacy Act 2010), Tasmania (Surrogacy Act 2012), and Australian Capital Territory (Parentage Act 2004), surrogacy in the form of altruistic is legal under very strict conditions, and commercial surrogacy overseas arrangements are restricted.
In South Australia (Surrogacy Act 2019), heterosexual and same sex couples are permitted to pursue the altruistic form here, but they are strict and have detailed requirements for surrogacy.
In the Northern Territory (Surrogacy Act 2022), intended parents must be at least 25 years old unless a court allows otherwise.
From the above comments, it shows there are many differences, if not more, therefore, it’s highly recommended for prospective parents to seek advice and carefully look at the laws in their state or territory before proceeding.
The Australia surrogacy costs vary depending on the medical treatment, legal services, and the pregnancy related expenses in Australia. Since commercial is illegal, intended parents can only subsidise the costs of surrogacy in Australia related to the medical and personal needs of the surrogate.
Like many other countries, surrogacy Australia estimates vary in the country. They range between $36,000 to $80,000 AUD (approximately $23,000 to $122,000 USD). It’s not uncommon for surrogacy programs in Australia to include a variety of aspects. Usually, these aspects are treatments, one embryo transfer, any medical care throughout the pregnancy, tests which are usually required for both parties, pregnancy monitoring, any legal advice, the preparation of agreements, the fees involved in obtaining the parentage order, travel, maternity clothing, and any reasonable expenses for the surrogate. The majority of the time, the reason the cost fluctuates is due to medical costs, like any medical care or the amount of transfers required.
Prospective parents are highly advised to plan carefully and understand that while the process could be less expensive than other international programs, it is recommended to consider the costs of the medical needs that will be involved to budget correctly. Although, you can also not always guarantee the budget will be correct due to other factors that could take place, like multiple transfers.
Just like any pregnancy, there are medical risks involved that both parties must understand. Although IVF and prenatal care are considered to assist in reducing complications, there are risks that can still remain in pregnancy.
Surrogates are not excluded from experiencing risks, the common ones are side effects from fertility medications, the chance of a multiple pregnancy, gestational diabetes, preeclampsia, or a complication during the birth. These risks are monitored in the process through regular medical check ups and hospital support which also assist in reducing the risks but it can’t always be guaranteed.
Surrogate born babies can also be at risk of being born premature or the low birth rate, particularly if multiple embryos are transferred. This is why many fertility specialists and fertility clinics in Australia usually recommend a single embryo transfer to protect the health of the baby, they are also bound to strict guidelines that minimise these kinds of outcomes.
The emotional and psychological risks can also have an impact on both parties and occasionally they may arise, which is why professional counseling is a crucial part of the process. It is typically offered to the prospective parents, and the surrogate and her partner (if she has one).
Intended parents in Australia choose this path for multiple valid key reasons. One of these key reasons could be infertility and genetic conditions, which is when conception isn’t possible or there is a risk of passing serious health issues when the woman carries the baby. Another reason could be repeated failed treatments, or an absence of a uterus causing a medical barrier for an intended mother to become pregnant. Health risks for the intended mother can also be a reason as this could endanger their life or long term wellbeing if they proceed with a pregnancy and birth. Finally, LGBTQ+ communities consider third party reproduction and in some of the jurisdictions of Australia, it is legal and surrogacy arrangements are medically supervised in order for them to have a biological connection through the gestational form.
Some citizens in Australia look to international third party reproduction as an option when the local options like finding a surrogate mother are limited or slow. Although the programs in other countries may have more availability for surrogate mothers or offer commercial arrangements overseas, participants face penalties if they travel overseas for surrogacy to bypass the national laws. This prevents citizens from pursuing the practice abroad, due to the serious legal challenges involved.
Overseas third party reproduction can be faster or cheaper, sometimes offering a full service package covering medical care, legal documents, and housing. However, citizens will have found that there are complex steps to be able to bring a surrogate born child home, including obtaining citizenship and a passport.
Speaking with lawyers who specialize in surrogacy is highly recommended if anyone is considering overseas surrogacy when they are a citizen.
Unfortunately, laws in Australia do not recognize foreign surrogacy agreements. In turn causing many legal complications for prospective parents if they consider pursuing it abroad.
Additionally, commercial in Australia is illegal, and many explore international surrogacy arrangements, this is why legal experts and professional backing is highly important to avoid any issues with recognition or travel documents. Some prospective parents can find they will be required to have a DNA test, obtain visas, and a court approval to confirm their legal parentage, however, there is still no guarantee that the baby will be recognized in Australia.
Success in surrogacy statistics in Australia varies, mainly because it depends on the IVF quality and the health of the surrogate. There is no official success rate, but it has been reported to be between 55%-75%, and the gestational form supported by licensed clinics offer a high chance of pregnancy. It highly depends on a case by case basis as to the success of a pregnancy, please contact us to assist you with further information about surrogacy.
Surrogate mothers in Australia are not permitted to use their own eggs as only the gestational surrogacy is a form allowed. The reason for this is to reduce the emotional and psychological issues that can arise in a surrogate mother having a genetic link to the child born. There will be an embryo created with gametes from the intended parents or donors and transferred into the surrogate mother.
It is not unknown for the process to bring emotional stress with it for both the surrogate and intended parents. In Australia, the law requires both parties to have counseling to provide support for them through the journey as well as make sure they are psychologically ready.
Is Surrogacy Legal in Australia?
Yes, it is legal in Australia, but surrogacy arrangements must be altruistic. Commercial third party reproduction, where the surrogate is paid beyond medical or pregnancy related expenses, is also illegal across all states and territories.
Is traditional surrogacy legal in Australia?
No. Traditional surrogacy, where the surrogate uses her own eggs, is not permitted under the country’s law. Only gestational form is recognized, meaning the surrogate has no genetic connection to the baby.
Fill out this form to share your story with us, so we can create a personalized surrogacy program tailored to your needs.