Surrogacy provides Australians who are unable to give birth the opportunity to have a child. But surrogacy arrangements are medically, emotionally, financially and legally complex.

This website provides an overview of the legal issues and human rights considerations associated with surrogacy, and guidance on where to find specific advice depending on your circumstances and which state or territory you reside in.

Australian surrogacy laws protect the human rights of children born of surrogacy, their surrogate mothers and intended parents.

All Australian states and territories permit altruistic surrogacy where the surrogate has their expenses covered with no other payment provided or personal profit made.

Commercial surrogacy – where the surrogate receives more than their reasonable expenses – is illegal in Australia. It is also illegal for some Australians to engage in commercial surrogacy overseas. If Australians engage in commercial surrogacy, they are usually not recognised as legal parents in Australia and the surrogate remains the legal parent of the child.

To be recognised as the legal parents of a child born through surrogacy intended parents must abide by the laws of the state or territory that they live in. These laws protect the human rights of surrogates, babies born of surrogacy and intended parents. 

It's important to understand that if you travel overseas for surrogacy many countries do not have laws that will protect the legal or human rights of Australian parents, the child or the surrogate. It is legally safer and in the best interests of the child and parents to pursue altruistic surrogacy in Australia.

This website is not intended to replace legal advice. If you are considering surrogacy, it is essential you seek independent advice from lawyers and counsellors who specialise in surrogacy matters.

To look after your own or someone else's wellbeing, you can contact one of the health and support services found on our Contact us page.