Exploring surrogacy as an intended parent
One of the first and most important decisions you will have to make concerns where you want to pursue surrogacy. There are several options available to Australians both domestically and internationally. Your choice is individual to you, and may be based upon many different factors.
Surrogacy in Australia
Surrogacy in Australia is regulated in each state, which means there are no uniform laws that cover surrogacy across the country. However laws in all states follow the same basic principles:
- The Intended Parents must not be able to either conceive or carry a baby themselves. You should check the laws in your state to see who can access surrogacy.
- The surrogacy arrangement is not enforceable. This means that if the surrogate does not relinquish the baby, or the intended parents do not accept the baby, neither party can enforce the agreement. However, the surrogate can enforce the agreement to recover prescribed costs.
- The surrogacy arrangement must be altruistic. Commercial surrogacy is illegal in all states in Australia. This means the surrogate and her partner cannot be paid for carrying a baby for someone else.
- Whilst surrogacy is altruistic, the intended parents must cover the surrogate’s expenses in relation to surrogacy, pregnancy and birth.
- When the baby is born, the birth is registered in the state where the baby is born, with the surrogate and her partner listed as the baby’s parents on the Birth Certificate. After the birth, the Intended Parents can apply to the Court for a Parentage Order in the state where they live. The Order transfers parentage from the birth parents (the surrogate and her partner) to the intended parents. The Birth Certificate is then reissued with the new parents listed, instead of the surrogate and her partner.
- To hear more about the specifics of surrogacy in Australia, join us for one of our fortnightly Intended Parents webinars. For dates and registration links, see here.
- Click here to see a Surrogacy Process Chart with an estimate of expected timeframes and costs of surrogacy in Australia.
Connecting with an Australian surrogate
Altruistic surrogacy in Australia is built upon a foundation of friendship, any some Intended Parents may have a family member or friend who is willing to help them have a family.
To hear more about these ideas, listen to Anna McKie’s presentation at a Growing Families conference in June 2021 “How to find a surrogate”
Surrogacy Australia’s Support Service (SASS) launched in January 2019. Intended Parents and Surrogates complete a thorough application and education process and professional assistance is provided in putting the right Intended Parents in front of the right surrogates. We then make introductions based on having similar expectations or relationships goals for your surrogacy journey. Join SASS here and learn about the whole Application process in the video here
A member of the Australian Surrogacy Community wrote a very helpful guide to updating your network with your fertility journey. You can read her suggestions in Spreading the Word.
If you are not comfortable with the support requirements, laws or effort required of Australian surrogacy, there may be legal overseas surrogacy options which can assist. Countries such as the US, Canada, Greece, Ukraine, Georgia & Russia all provide legal parentage to foreigners who are eligible for their programs. Eligibility and costs differ from country to country.
Surrogacy Australia is not resourced to provide individualised consultation services.
Australian organisations which offer such services include Growing Families