Surrogacy in Australia

Although in Australia, surrogacy laws vary within each state, throughout the country, it is illegal to engage in any type of domestic commercial surrogacy agreement (that is, compensated surrogacy or surrogacy for money). Altruistic surrogacy, however, is legal in all Australian states for heterosexual couples (and is legal for gay couples in all states except Western Australia).

It is also illegal in Australia for intended parents to advertise for a surrogate mother, or for a surrogate mother to advertise her services to intended parents. Surrogate mothers cannot receive compensation for their services at all in the country, as this is against the law. Here, we will explore further the complex laws in Australia regarding surrogacy.

Finding Surrogate Mothers in Australia

In order to find surrogate mothers, intended parents throughout Australia must rely on social media or word of mouth. For this reason, many intended parents end up choosing a friend or family member to be their surrogate. Intended parents in Australia who are interested in connecting with surrogates and other intended parents may turn to the Australian Surrogacy Community closed group on Facebook or the Surrogacy Australia Support Service.

Intended parents must make their own decisions when choosing a surrogate. It is recommended to choose a woman who has a history of full-term pregnancies and successful deliveries, has completed her own family already, is financially stable, and has a strong social and emotional support systems. Although surrogacy agencies that arrange contracts do not exist in the country, there are surrogacy professionals and clinics who can help intended parents with the screening process.

Finding Egg Donors in Australia

Likewise, it is illegal for intended parents throughout the country to advertise for egg donors. Many intended parents find egg donors through social media (including groups such as (www.eggdonationaustralia.com.au). In Vitro Fertilization (IVF) clinics can also provide egg donor databases. In Australia, an egg donor must be “known” to the intended parents, meaning that, when the child grows up, they will be legally allowed to find contact information about the egg donor. Again, surrogacy clinics in Australia can help intended parents find suitable egg donors.

Now let’s explore some of the specific laws pertaining to surrogacy within each Australian state or province.

Queensland

• Overseas or international commercial surrogacy has been banned within Queensland since 1988. Under the Surrogacy Act of 2010, imprisonment of up to three years and/or a fine is the penalty for breaking this law.
• At least one intended parent must be 25 years or older.
• Gay couples may be intended parents.
• The surrogate must be at least 25 years old.
• Surrogates may use their own eggs.
• While not paid under contract, surrogate mothers may claim lost income.

New South Wales

• Under the Surrogacy Act of 2010, overseas or international commercial surrogacy is not allowed. Up to two years’ imprisonment or a fine is the punishment for breaking this law.
• For those pursuing altruistic surrogacy within NSW, unpaid ads soliciting surrogate mothers are allowed to be run.
• At least one intended parent must be 18 years or older.
• Single persons may be intended parents.
• Gay couples may be intended parents.
• The surrogate must be at least 25 years old.
• Surrogates may use their own eggs.
• Although it is illegal to be paid to be a surrogate, surrogate mothers may claim lost income.

Victoria

• At least one intended parent must be 18 years or older.
• Single persons may be intended parents.
• Gay couples may be intended parents.
• The surrogate must be 25 years or older.
• Surrogates may use their own eggs.
• Surrogate mothers must already have at least one child of their own.

Tasmania

• At least one intended parent must be 21 years or older.
• Single persons may be intended parents.
• Gay couples may be intended parents.
• The surrogate must be 25 years or older.
• Surrogates may use their own eggs.
• Although commercial surrogacy is illegal in Tasmania, surrogate mothers may claim lost income.

South Australia

• For intended parents seeking surrogate mothers in South Australia, unpaid ads may be run.
• At least one intended parent must be 18 years or older.
• South Australia recently allowed gay couples to become intended parents (under the Relationships Register Act of 2016).
• The surrogate must be at least 18 years old.

Western Australia

• As mentioned before, Western Australia does not allow gay couples to have a baby via a surrogate mother.
• For those seeking surrogate mothers for altruistic surrogacy, unpaid ads may be run.
• At least one intended parent must be 25 years or older.
• The surrogate must be at least 25 years old.
• Although commercial surrogacy is illegal in Western Australia, surrogate mothers may claim up to two months of lost income.
• Surrogate mothers must already have at least one child of their own.

Northern Territory

• There is no law regarding advertising for surrogates for altruistic surrogacy agreements within the Northern Territory.
• There are also no laws regarding single parents’ eligibility to become parents through surrogacy in NT.
• The minimum ages for intended parents and surrogates are not specified by law.
• Surrogates may use their own eggs.
• Surrogates may claim lost income.
• Gay couples may be intended parents.

Australian Capital Territory

• Under the Parentage Act of 2004, overseas or international commercial surrogacy is banned within the Australian Capital Territory. The penalty for breaking this law is up to one year in jail plus a fine.
• At least one intended parent must be 18 years or older.
• Lesbian couples may be intended parents as long as one is genetically related to the child (under the Parentage Act of 2004).
• The surrogate must be at least 18 years or older.

Within states or territories that do allow international commercial surrogacy agreements, upon the intended parents’ return to Australia, the government may require the child to be DNA tested. Each state or territory treats these situations on a case-by-case basis dependent upon the surrogacy agreement that was signed with the surrogate mother.

For Australians who live within states and territories in which international surrogacy is allowed, Simple Surrogacy would like to help to make your international surrogacy dreams come true! Contact us today to find out how we can help.