Legal Issues & Specialist Lawyers

In Australia it is illegal to engage in a Commercial Surrogacy Agreement, it is also illegal to advertise for a Surrogate or to financially benefit from setting up a Surrogacy arrangement, as such there are no agents working in the domestic Australian Surrogacy Market.

With varying State laws on advertising for a surrogate, or for those offering to be a surrogate it is important to check your home state legislation before engaging in advertising of any sort.

State-Based Laws In relation to Altruistic & Commercial Surrogacy

State
Surrogates own eggs allowed
Able to advertise for surrogate/offer to carry?
Single Intended Parents eligible?
Gay couples eligible?
Can surrogate claim lost income?
Surrogate needs to have had child of her own?
Ban on overseas compensated surrogacy?
Min age of (at least one) intended parent
Min age of surrogate
QLD

× × × since 1988 25 yrs

25 yrs

NSW

Unpaid ads only × since 2011 18 yrs

25 yrs

ACT

×

× × × ? × since 2004 18 yrs

18 yrs

VIC

× × × 18 yrs

25 yrs

TAS

× × × 21 yrs

25 yrs

SA

×

Unpaid ads only × × × × × 18 yrs

18 yrs

WA

× Unpaid ads only × × √ for 2 months × 25 yrs

25 yrs

NT

No law No law ×

×

unspecified unspecified

Family & Reproductive Law Specialists

The following have particular expertise in surrogacy arrangements

 

Name Firm State Email Phone Comments
           
Ben Smith Berry Family Law VIC bsmith@berryfamilylaw.com.au 03 9399 7090 Long-time supporter of families using surrogacy. Solid experience
Ben Sayer Sayer Jones VIC ben.sayer@sayerjones.com.au 03 8397 2288 Long experience with altruistic surrogacy. Straightforward approach
Monica Blizzard KHQ Lawyers VIC sarah@sarahjefford.com (03) 8680 3450  Extensive experience, empathetic approach
Sarah Jefford   Sarah Jefford lawyers VIC  mblizzard@khq.com.au  0400 481 703 Sarah is a family and surrogacy lawyer practising across Australia. Sarah has been an IVF mum, an egg donor, and a surrogate, and delivered a baby for two dads in 2018. Sarah advises on all areas of donor conception, fertility law and surrogacy, and produces the Australian Surrogacy Podcast.
Stephen Page Page Provan QLD stephen@pageprovan.com.au 07 3221 9544 High profile, high prices, long experience. International reputation. Well connected to US industry. Stickler for detail
Kate Cherry Cherry Family Law QLD kate@cherrylaw.com.au 07 3821 1821 Highly recommended by many
Shannon Daykin Daykin Family Law QLD shannon@daykinfamilylaw.com.au 07 33385645 Enthusiastic and well-priced. Pro-active
 Lucy Thomas Paterson Dowding WA lthomas@patersondowding.com.au 08 9226 3300 Prepares Surrogacy Arrangement & legal advice to parents and surrogates.
 Marty Cavanagh Kavanagh Lawyers WA marty@kavlaw.com.au 08 6557 5888 Prepares Surrogacy Arrangement & legal advice to parents and surrogates.
Rachel Oakeley Barrister WA  roakeley@johntooheychambers.net.au 08 6315 3300 Available for expert advice on complex issues.
Alfonso Layson Sarah Bevan Family lawyers NSW Alfonso.Layson@sbfamilylawyers.com.au 02 8218 2116 Highly recommended for domestic surrogacy. Offices in Surry Hills, Crows Nest and Parramatta. national reach
Nicole Aghabi Sydney Surrogacy Lawyers NSW nicole@sydneysurrogacylawyers.com.au 02 9131 8500 extensive experience in Surrogacy, donations and IVF since 2005. Has chaired the ethics committee for a major IVF institute, ensuring thorough insight into medical issues also
Nicholas Stewart Dowson Turco NSW ns@dowsonturco.com.au 02 9519 3088 Donor agreements, Surrogacy agreements and post-surrogacy parentage transfer.
Kate Bishop Culshaw Miller SA  kate.bishop@culshawmiller.com.au 02 4229 5699 Solid experience assisting NSW couples
Julie Redman Adelta Legal SA jredman@adelta.com.au 08 8415 5017 Has handled many of SA’s surrogacy cases. Well priced
        (08) 8464 0033 Good experience with SA surrogacy