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

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

×××since 198825 yrs

25 yrs


Unpaid ads only×since 201118 yrs

25 yrs



×××?×since 200418 yrs

18 yrs


×××18 yrs

25 yrs


×××21 yrs

25 yrs



Unpaid ads only×××××18 yrs

18 yrs


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

25 yrs


No lawNo law×



Family & Reproductive Law Specialists

The following have particular expertise in surrogacy arrangements

Ben SmithBerry Family LawVIC
Ben SayerSayer JonesVIC
Monica BlizzardKHQ LawyersVIC
Sarah Jefford  Sarah Jefford lawyersVIC 
Stephen PagePage ProvanQLD
Kate CherryCherry Family LawQLD
Shannon DaykinDaykin Family LawQLD
 Lucy ThomasPaterson DowdingWA
 Marty CavanaghKavanagh LawyersWA
Rachel OakeleyBarristerWA
Alfonso LaysonSarah Bevan Family lawyersNSW
Cassandra KalpaxisKalpaxis LegalNSW
Nicole AghabiSydney Surrogacy LawyersNSW
Nicholas StewartDowson TurcoNSW
Kate BishopCulshaw MillerSA
Julie RedmanAdelta LegalSA