Lyla Lindsey
Surrogacy in Australia is a complex process, with various legal, medical, and financial considerations. Before embarking on this journey, it is crucial to understand the eligibility criteria and the specific laws in your state or territory. Surrogacy laws vary across Australia, and it is essential to seek legal advice to navigate this process effectively. While surrogacy offers an opportunity to grow your family, it is important to remember that demand for surrogates in Australia exceeds supply, with only 1 in 5 intended parents finding a surrogate within the country. This has led to many individuals and couples pursuing international surrogacy options.
| Characteristics | Values |
|---|---|
| Surrogacy laws in Australia | Surrogacy is regulated in each state, meaning there are no uniform laws that cover surrogacy across the country. |
| Qualifying for surrogacy | Surrogacy is only available to those who have a medical or social need for it. If you or your partner have a uterus, you cannot pursue surrogacy unless advised by a medical professional. |
| Commercial surrogacy | Commercial surrogacy is illegal in all states in Australia. Surrogates cannot be paid, but intended parents must cover the surrogate's expenses. |
| Altruistic surrogacy | Altruistic surrogacy is built upon a foundation of friendship. Some intended parents may have a family member or friend who is willing to help them. |
| Finding a surrogate | It is illegal to advertise for a surrogate in some states of Australia. Intended parents can seek a surrogate online through surrogacy support groups or forums, or by joining Facebook groups and communities. |
| Surrogacy process | All parties should be reviewed by a fertility specialist to ensure medical suitability. Counselling sessions are also recommended to ensure all parties have clear expectations and boundaries. |
| Parentage | After the birth, the intended parents can apply for a Parentage Order in the state where they live, transferring parentage from the birth parents (the surrogate and her partner) to the intended parents. |
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What You'll Learn
Surrogacy laws in Australia
Altruistic vs Commercial Surrogacy
Altruistic surrogacy, where the surrogate receives no payment beyond reasonable expenses, is permitted in all states and territories of Australia. Commercial surrogacy, on the other hand, is illegal across the country. Engaging in commercial surrogacy overseas may also be illegal for some Australians, and they may not be recognised as legal parents upon returning to Australia.
Qualifications for Surrogacy
In most jurisdictions, there must be a medical need for surrogacy, although some states allow surrogacy for social reasons, such as in the case of same-sex couples. Same-sex male couples qualify for surrogacy across Australia, except in Western Australia (WA), where this is expected to change in the coming years. Surrogacy is open to single women in all states and territories except for the Australian Capital Territory (ACT). However, surrogacy is not accessible to single men in WA and ACT.
Age Requirements
In most places in Australia, a surrogate must be at least 25 years old, but in the ACT and South Australia (SA), the minimum age is 18 years old. In Victoria (VIC), Tasmania (TAS), and the ACT, surrogates must have previously given birth.
Traditional Surrogacy
Traditional surrogacy, where the surrogate uses her own egg, is permitted everywhere in Australia except for the ACT. Advertising for a surrogate or advertising to be a surrogate is prohibited in the ACT, Queensland (QLD), and VIC.
Parental Rights
After the birth of the child, the birth is registered in the state where it took place, with the surrogate and her partner listed as the baby's parents on the birth certificate. The intended parents can then apply for a Parentage Order in their state, transferring parentage from the birth parents to themselves.
Human Rights and Legal Considerations
Australian surrogacy laws aim to protect the human rights of the children born of surrogacy, the surrogate mothers, and the intended parents. However, the surrogacy arrangement is not enforceable, meaning neither party can be forced to fulfil the agreement.
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Qualifications for surrogacy
To qualify for surrogacy in Australia, the intended parents must have a medical or social need for surrogacy. This typically means that they must be unable to conceive or carry a baby themselves. Same-sex male couples qualify for surrogacy across Australia, except in Western Australia. However, it's important to check the specific laws in your state, as they can vary.
The surrogacy process in Australia is built upon a foundation of friendship, and it takes time and commitment to find the right surrogate. Intended parents may have a family member or friend who is willing to help them. There are also Facebook groups and forums where intended parents can connect with potential surrogates, such as The Australian Surrogacy Community.
Before committing to a surrogacy arrangement, it is important to seek independent legal advice and understand the laws and requirements in your state. The surrogacy process can be complex, and it is important to ensure that both parties make informed decisions and are comfortable with the support requirements and effort involved.
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Finding a surrogate online
In Australia, surrogacy is a complex process with many legal, medical, emotional, and financial considerations. It is important to seek independent advice from lawyers and counsellors who specialise in surrogacy matters. Surrogacy is only available to those who have a medical or social need for it. Same-sex male couples qualify for surrogacy across Australia, except in Western Australia.
If you are considering surrogacy in Australia, you must find your own surrogate. It is illegal to advertise for someone to act as a surrogate, and you cannot pay someone to act as your surrogate. It is also illegal for a woman to advertise that she is willing to act as a surrogate.
You can start by letting your family and friends know that surrogacy is your only option. Many intended parents find a surrogate within their existing networks, including friends, sisters, other female relatives, and work colleagues. You can also seek a surrogate online through surrogacy support groups or online forums. Surrogacy Australia's Support Service (SASS) is another option, although it is reported that less than 1% of Australian surrogacy arrangements were matched via SASS.
When considering a surrogate, it is important to take the time to discuss potential issues and whether to proceed. A shared understanding of expectations and communication for the pregnancy, the birth plan, information exchange, and any ongoing relationship with you and the child should be discussed. A surrogacy agreement can help to formalise this and ensure all parties clarify their wishes, expectations, and responsibilities.
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Surrogacy agencies in Australia
IVF Australia is a leading fertility clinic providing a comprehensive and supportive donor program to assist people using surrogacy or a surrogate. The clinic offers a 'Preparing for Surrogacy' guide, which covers the legal, emotional and psychological considerations of third-party reproduction, including using donor eggs, sperm or embryos, as well as surrogacy.
Surrogacy Australia is another organisation that offers support and information for intended parents. Surrogacy Australia's Support Service (SASS) launched in 2019 and involves intended parents and surrogates completing a thorough application and education process. SASS then makes introductions based on similar expectations and relationship goals.
In addition to these agencies, there are Facebook groups and forums that can be joined to meet other intended parents and surrogates, such as The Australian Surrogacy Community. There is also The Australian Surrogacy Podcast, which includes stories from surrogates and intended parents.
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Costs of surrogacy in Australia
Surrogacy in Australia can be an expensive process, with costs varying depending on the state and individual circumstances. On average, intended parents can expect to pay between $55,000 and $60,000 over a two-year period, with costs potentially ranging from $36,000 to $86,000.
There are several factors that contribute to the overall cost of surrogacy. Firstly, legal fees can vary significantly depending on the state and the lawyer's rates, which may be charged at an hourly rate or a fixed fee. It is recommended to compare quotes from lawyers who specialise in surrogacy law. Intended parents are responsible for their own legal costs as well as those of their surrogate and her partner.
Counselling and psychological assessments are another important component of surrogacy. While some fertility clinics include counselling as part of their service, independent counsellors specialising in surrogacy may also be utilised, and these costs can vary. In certain states, such as New South Wales, multiple counselling sessions are mandatory, which can increase the overall cost.
Medical costs are also a significant factor. Surrogates are eligible for Medicare and public healthcare, but any expenses not covered by Medicare must be paid for by the intended parents. Infertile couples may not receive a Medicare rebate for IVF through surrogacy, which can add a significant expense of approximately $17,000 per cycle.
Additionally, there are surrogate expenses, which may include compensation for time off work, insurance, and travel. These expenses are the responsibility of the intended parents, who must cover all reasonable costs incurred by the surrogate during the pregnancy and birth.
It is important to note that commercial surrogacy, where the surrogate receives financial payment or reward, is illegal in Australia. However, altruistic surrogacy, where the surrogate is reimbursed for medical expenses and other reasonable costs, is permitted.
Overall, the costs of surrogacy in Australia can be substantial, but they can also vary widely depending on individual circumstances and state regulations. It is recommended to seek specialised legal and financial advice to gain a clearer understanding of the potential costs involved.
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Frequently asked questions
Surrogacy laws vary across states and territories in Australia. However, the underlying principle is that the intended parents must not be able to conceive or carry a baby themselves. In addition, commercial surrogacy is illegal in all states, meaning the surrogate cannot be paid, although they can be reimbursed for expenses.
Surrogates must be over a certain age, which varies by state. In Queensland, New South Wales, Victoria, Tasmania, and South Australia, the minimum age is 25, while in the Australian Capital Territory, it is 18.
You can seek a surrogate online through surrogacy support groups or Facebook groups, such as The Australian Surrogacy Community. You can also let your family and friends know that you are looking for a surrogate, as some intended parents find a surrogate among their network.
All parties should be reviewed by a fertility specialist to ensure medical suitability. Counselling sessions are also recommended to ensure everyone is emotionally prepared and has clear expectations. An initial consultation will include the intended parents and the surrogate, where a fertility specialist will discuss medical history and treatment options.
