Surrogacy

Surrogacy is where one woman, the birth mother, carries a baby for another woman, the intended parent, who is unable to carry a pregnancy to term herself.

The baby is often the biological child of the intended parents, although surrogacy can involve both sperm and egg donors as well as a surrogate or birth mother.

Commercial surrogacy (including payment for, or advertising for surrogacy) is not legal in Australia.

Differences between states

Northern Territory

If you are considering entering into a surrogacy arrangement, you should contact the Central Australian Women’s Legal Service for advice on 1800 684 055.

Depending on where you live, alternatively you could contact the Katherine Women’s Information and Legal Service on 08 8972 1712 or 1800 620 108 or the Top End Women’s Legal Service on 08 8982 3000 or 1800 234 441.

ACT

Non-commercial surrogacy (also known as altruistic surrogacy) is legal in the ACT.  However, the law is complicated to protect the surrogate, the intended parents and the child.

You should contact Women’s Legal Centre ACT for further information if you are considering entering into a surrogacy arrangement.

Western Australia

You can find out more detailed information on surrogacy on the Reproductive Technology Council website.

NSW

Non-commercial surrogacy (also known as altruistic surrogacy) is legal in NSW however the law around it is complicated in order to protect the surrogate, the intended parents and of course the child.

You can contact Women’s Legal Service NSW for further information if you are considering entering into a surrogacy arrangement.

Victoria

For more information contact the Victorian Assisted Reproduction Treatment Authority.

South Australia

A recognised surrogacy arrangement is now permitted in South Australia.For more information, contact the Senior Policy Officer of Assisted Reproductive Treatment at SA Health on 08 8226 6717.

Tasmania

Non-commercial surrogacy (also known as altruistic surrogacy) is legal in Tasmania however the law around it is complicated in order to protect the surrogate, the intended parents and of course the child.

You should contact Women’s Legal Service Tasmania for further information if you are considering entering into a surrogacy arrangement.

Queensland

For further information on entering into a surrogacy arrangement visit the Queensland Government website.