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Surrogacy is a form of assisted reproductive technology (ART) where a woman (the surrogate) carries a baby on behalf of another person or couple. In Australia, commercial surrogacy is prohibited, meaning that surrogates cannot be paid for their services. However, altruistic surrogacy, where the surrogate volunteers her services and is reimbursed for medical and other costs, is allowed. Each Australian state and territory has its own laws and regulations regarding surrogacy, and it is important for individuals to understand these laws before pursuing surrogacy. While surrogacy in Australia is an option, some individuals may choose to pursue international surrogacy, although this comes with its own legal considerations.
| Characteristics | Values |
|---|---|
| Surrogacy Laws | Commercial surrogacy is illegal in Australia. Altruistic surrogacy is allowed but must be regulated by Australian surrogacy laws. |
| Surrogacy as a Medical Option | Surrogacy is only available to those who have a medical or social need for it. Infertility alone is not grounds for surrogacy. |
| Availability of Surrogates | There is a shortage of surrogates in Australia, with only 1 in 5 intended parents finding one in the country. |
| Sources of Surrogates | Many intended parents find surrogates within their existing networks, including friends, sisters, other female relatives, and work colleagues. |
| Surrogacy Agencies | Surrogacy Australia’s Support Service (SASS) is an agency that matches intended parents with surrogates. However, it has a low success rate, with less than 1% of 500 Australian surrogacy arrangements being matched through SASS. |
| International Surrogacy | International surrogacy is an option, with countries like the US, Canada, Greece, Ukraine, Georgia, and Russia providing legal parentage to foreigners. However, it is important to seek legal advice and understand the laws and risks of the destination country. |
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What You'll Learn
Surrogacy Australia's Support Service (SASS)
Intended parents and surrogates must complete a thorough application and education process. Surrogates must be a minimum of 25 years old in most Australian states (18 in the ACT) and must be healthy enough to carry a pregnancy. A GP report is obtained during the application process, and while there is no maximum age limit, some fertility clinics prefer a surrogate's BMI to be no higher than 30. Surrogates must also be residents of Australia.
Intended parents must be residents of Australia and, if a couple, must be living together. They are required to attend an IP-specific webinar when they join SASS and pay a membership fee of $1300. This covers the cost of the mentor session, application processing, administration, pre-offer counselling and a potential introduction to a surrogate.
SASS is not able to provide individualised consultation services, but there are Australian organisations that offer such services for overseas surrogacy options, such as Growing Families.
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Qualifications and criteria for surrogacy
The intended parents must not be able to conceive or carry a baby themselves. The surrogate mother must have already given birth to a child of her own, with no history of pregnancy-related illnesses or complications. Both parties must undergo an independent obstetric and psychiatric assessment, and the surrogate must not have any significant psychiatric disorders that could impair decision-making or the care of the child.
The surrogate must not use her own eggs, although a third-party donor is permissible. The surrogate and intending parents should have an established relationship of at least six months before the embryo transfer. The surrogate mother must be over 25 and can be up to 55 years old if she is the mother or mother-in-law of the intended parent.
Surrogacy Australia's Support Service (SASS) provides an application and education process, putting intending parents in touch with suitable surrogates based on similar expectations and relationship goals. It is illegal to advertise for someone to act as a surrogate, and intending parents must find their own surrogate.
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International surrogacy options
International surrogacy is an option for Australians who are uncomfortable with the support requirements, laws, or effort required for surrogacy in Australia. However, it is important to note that the majority of international surrogacy arrangements are commercial, and the industry in many countries is unregulated or poorly regulated.
International surrogacy is when intended parents travel to another country, usually a developing one, to engage a surrogate mother. Commercial surrogacy is when someone pays a surrogate mother for her services, which is illegal in Australia and some other countries. In some countries, it is only illegal for foreigners.
Countries such as the US, Canada, Greece, Ukraine, Georgia, and Russia provide legal parentage to foreigners who are eligible for their programs. However, eligibility and costs differ from country to country. Before committing to international surrogacy, it is essential to seek independent legal advice and understand the local laws and requirements of the destination country. Some countries may only allow surrogacy under specific conditions, such as excluding single women or LGBTQIA+ couples. Additionally, overseas surrogacy arrangements may not fulfill the requirements for a transfer of legal parentage under Australian state and territory law.
If you are considering international surrogacy, you can refer to resources such as smartraveller.gov.au and surrogacy.gov.au for information on international surrogacy arrangements, laws, citizenship, and visas. It is also recommended to join support services or consult with specialists in surrogacy law to understand your options and make informed decisions.
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Australian surrogacy laws
Australia is gaining recognition for its ethical surrogacy framework, which is centred on a commitment to altruistic surrogacy. This means that commercial surrogacy is illegal in all states in Australia, and surrogates cannot be paid beyond reimbursable expenses. Altruistic surrogacy is when the birth mother does not receive any payment other than reasonable reimbursement of medical expenses, legal fees, and reasonable living expenses associated with the pregnancy and birth.
Surrogacy in Australia is highly regulated, with laws varying across states and territories. There are no uniform laws that cover surrogacy across the country, and each state or territory has its own requirements. However, the laws in all states follow the same basic principles: the intended parents must not be able to conceive or carry a baby themselves. It is important to check the laws in your state to understand who can access surrogacy.
Before starting the process, both intended parents and surrogates must complete legal counselling and psychological evaluations. They are also required to establish formal agreements, though these agreements are not legally binding in most jurisdictions. The surrogacy arrangement is not enforceable, meaning that if the surrogate does not relinquish the baby, or the intended parents do not accept the baby, neither party can enforce the agreement.
There are several options for Australians pursuing surrogacy, both domestically and internationally. If you are considering international surrogacy, it is essential to understand the legal landscape of the destination country, as well as the laws and regulations in your surrogate's local region. Different countries have varying legal frameworks, and it can be complex to navigate the legal recognition of parentage and secure citizenship and travel documents for the child.
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Finding a surrogate within your network
In Australia, commercial surrogacy is illegal, and altruistic surrogacy is the only option. This means that the surrogate mother cannot be paid for carrying a baby for someone else, but the intended parents must cover the surrogate's expenses related to the surrogacy, pregnancy, and birth.
You can start conversations with people around you, sharing your story and letting them know about your journey to grow your family. Many of these conversations can lead to surrogacy relationships. You might consider sharing your story to help you connect with people, whether it's at your workplace, your child's school, or even at the hairdresser.
Additionally, social media can be a tool to find a surrogate within your network. Some intended parents have found surrogates through Facebook groups. However, it is important to note that it is illegal to advertise for someone to act as a surrogate or to pay someone to be your surrogate in Australia.
Surrogacy Australia's Support Service (SASS) is another option to explore. They provide professional assistance in matching Intended Parents with surrogates based on similar expectations and relationship goals. However, it is important to note that their success rate is less than 1% according to some sources.
Remember, surrogacy laws in Australia vary from state to state, so it is essential to seek independent legal advice to understand your rights and obligations.
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Frequently asked questions
Surrogacy Australia’s Support Service (SASS) is a good place to start. SASS launched in 2019 and makes introductions between intending parents and surrogates based on similar expectations and relationship goals. However, it's important to note that of 500 Australian surrogacy arrangements, less than 1% were matched via SASS. Many intended parents find a surrogate within their friendship circle or family.
In Australia, a woman must decide to become a surrogate for altruistic reasons. This means the surrogate and her partner cannot be paid for carrying a baby for someone else, although the intended parents must cover the surrogate's expenses in relation to surrogacy, pregnancy and birth. Surrogates must have already given birth to a child of their own and have no history of pregnancy-related illnesses or complications.
Surrogacy in Australia 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. If you are a same-sex male couple, you will qualify for surrogacy across Australia, except in Western Australia.
Yes, there are international surrogacy options for Australians. However, it's important to be aware of the risks involved. Many countries do not have laws that will protect the legal or human rights of Australian parents, the child or the surrogate. Countries such as the US, Canada, Greece, Ukraine, Georgia and Russia all provide legal parentage to foreigners who are eligible for their programs.
