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Surrogacy laws in Australia are administered at a State level and there are variations in what types of surrogacy arrangements are allowed in various states. Surrogacy is only available to those who are residents of Australia and is available in all states and territories. All couples whether heterosexual or same sex are able to access surrogacy programs along with singles, except in Western Australia where gay couples and single men are still unable to.
While surrogacy in Australia is altruistic, the intended parents must cover the surrogate’s expenses in relation to surrogacy, pregnancy and birth. Compensated surrogacy (where the surrogate is paid more than expenses) is not allowed in any state of Australia. Overseas commercial surrogacy is banned for residents of NSW, QLD and ACT, although these laws have never been prosecuted.
How do I connect with a surrogate?
Those seeking a surrogate in Australia should understand that paid advertising is not permitted. As a result, searches tend to be word-of-mouth or via social media. Intended parents who do not have a friend or family member who is able to carry for them can consider joining the Surrogacy Australia Support Service. This is a professionally run support service to assist with surrogate and intended parent screening, introductions, expenses management, and ongoing support in Australia.
DIY searching for a surrogate is akin to online (followed by face-to-face) dating. Do not agree to progress a potential relationship until you have met the woman in question as well as her children and support networks.
How are surrogates screened?
Most women of childbearing age do not have the capacity to carry a child for someone else without experiencing psychological distress. However, there are some women who can and do. Such women may have donated their eggs previously.
We strongly suggest to only consider potential surrogates women who:
- Have evidence of problem-free pregnancies
- Have completed their own family
- Are financially stable
- Have strong social and emotional supports around them
Engaging with an experiencing fertility counsellor in this area can greatly assist you with assessing your own and your surrogate’s readiness.
How do surrogates get support?
Australian surrogates gain support during their attempts to get pregnant and their pregnancies through:
- Social media support forums designed specifically for surrogates
- Support from their intended parents
- Support from their own partner & family
