Surrogacy
in Australia
Australia is gaining recognition for ethical surrogacy, driven by its transparent legal framework that prioritises safety and individual rights. This reputation is further strengthened by world-class healthcare and a strong sense of community.
At the heart of Australia’s surrogacy landscape is a commitment to altruistic surrogacy. Rather than permitting surrogates to be hired or paid beyond reimbursable expenses, Australia’s model emphasises goodwill, fostering relationships between intended parents and surrogates based on trust and mutual understanding.
Although the altruistic journey requires time, legal safeguards, and close collaboration, many describe it as emotionally fulfilling. It offers not only the chance to achieve parenthood but also the opportunity to forge deep, human connections built on shared hope and compassion.
How Does Surrogacy Work in Australia?
Surrogacy in Australia is highly regulated, with laws varying slightly across states and territories. Before starting the process, both intended parents and surrogates must complete legal counselling and psychological evaluations. They are also required to establish formal agreements, though these agreements are not legally binding in most jurisdictions.
Australia permits both traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate uses her own egg, while in gestational surrogacy, there is no genetic connection between the surrogate and the child. Both are legal in most parts of the country. Of the two, gestational surrogacy is becoming more popular because of the improved viability of IVF and greater access to fertility treatments.
Surrogacy is often chosen by those who face challenges in conceiving or carrying a pregnancy themselves. This includes individuals with medical conditions, cancer survivors, members of the LGBTQ+ community, and single parents.
For many, surrogacy brings hope and the opportunity to have a biologically connected child. It also fosters meaningful, lasting relationships with the surrogate, built on mutual respect and a shared transformative journey.
Who can build a family in Australia?
Overall, with consideration for state and territory laws, the following groups can pursue surrogacy in Australia:
Australian Citizens &
Permanent Residents
Heterosexual Couples
Same-Sex Couples
Singles
Legal Framework for Surrogacy in Australia
Surrogacy laws in Australia are governed at the state and territory level, meaning the legal process, eligibility criteria, and parentage procedures can vary depending on where you live or plan to undertake surrogacy. Despite these regional differences, the overarching framework prioritises transparency, informed consent, and ethical practices.
Key legal principles (applies in all states and territories):
Only altruistic surrogacy is legal.
Commercial surrogacy is prohibited.
Parentage orders are required post-birth to transfer legal parenthood.
Independent legal advice is mandatory for all parties.
Counselling and psychological assessments are usually required.
Surrogacy Costs in Australia
Even though surrogacy in Australia is altruistic, there are still significant costs involved. These may include:
Fertility treatments and IVF procedures
Legal fees for drafting agreements and applying for parentage orders
Reimbursement of the surrogate’s pregnancy-related expenses
Psychological support and counselling
Costs range from
AUD 55,000
TO
AUD 60,000
Surrogate & Donor Match Times
One of the biggest hurdles for intended parents in Australia is finding a surrogate or
donor. Due to restrictions on advertising and the absence of commercial matching
services, many people rely on personal connections or community networks.
Surrogate Matching
Finding a surrogate can take several months or even years. Intended parents often connect with potential surrogates through online forums, social media groups, or events facilitated by organisations such as Growing Families. In the absence of formal agency support, patience and proactive networking are essential.
Egg Donation
Coordinating egg donation in Australia can be challenging. As donors cannot be compensated beyond reasonable expenses, the pool of available donors is limited. Matches often occur through word-of-mouth or community networks, which can lead to longer wait times and added uncertainty.
Connecting with support organisations like Growing Families early in the process can increase your chances of finding the right match.
Support Available for Domestic Surrogacy
Australia’s surrogacy framework places a strong emphasis on ethical practices and informed consent. While there are no commercial agencies, several support options exist:
Online Communities
Facebook groups and forums such as the Australian Surrogacy Community provide spaces for parents, surrogates, and donors to connect, share experiences, and find support throughout the process.
Professional Services
Most states require separate legal counsel for both parties before a surrogacy agreement. Growing Families can connect you with experienced lawyers and counsellors specialising in surrogacy law in Australia.
Limitations of Domestic Surrogacy in Australia
While legal and available, domestic surrogacy in Australia has its challenges, such as:
- No commercial agencies: Finding a surrogate or donor is often a slow process.
- No payments to surrogates: This setup limits the number of potential surrogates.
- State-based laws: Legal processes and eligibility vary by location.
- Court process required: Intended parents must apply for a parentage order after birth.
- Emotional & logistical complexities: The process involves multiple steps and legal safeguards.
International Surrogacy Options for Australians
Due to the limitations of domestic surrogacy, some Australians pursue options in countries where commercial surrogacy is legal and regulated. However, Australian laws still apply when bringing the child home.
Intended parents must:
Apply for citizenship or a visa for the child
Secure legal recognition through an Australian court (depending on the state)
Navigate travel documentation, parentage, and immigration issues
If you’re considering international surrogacy, visit this page to explore options or contact us for personalised advice. Growing Families can help you evaluate programmes, understand the legal implications, and find the support you need for your journey to parenthood.
FAQs
Commercial surrogacy is banned in Australia to protect women from potential exploitation and to prioritise the best interests of the child.
Generally, surrogates must be over 25 years old, have previously given birth, and meet health and psychological criteria. Each state or territory has its own requirements.
Yes. Most states and territories allow surrogacy for same-sex couples and single intended parents, though specific laws may vary.
The process can take one to two years or more, depending on legal, counselling, and medical requirements, as well as the time it takes to match with a surrogate.
While commercial surrogacy is illegal, intended parents are responsible for reimbursing the surrogate for reasonable expenses, which may include medical, travel, and legal costs.
Intended parents can access counselling, legal advice, and community support to guide them through every stage of the surrogacy journey.
Following the birth, a parentage order must be obtained through the family court to legally transfer parentage to the intended parents.
A parentage order is a legal ruling that transfers parental rights from the surrogate to the intended parents, officially recognising them as the child’s legal parents.
Yes, but international surrogacy is complex and may raise legal, ethical, and citizenship issues. Some states restrict or discourage this practice. For more information, click here.
Thinking about surrogacy in Australia?
We’re here to help you take the next step with confidence. Whether you’re just beginning to explore your options or ready to start the process, Growing Families is here to answer your questions and support you every step of the way.