All Australian states and territories allow altruistic surrogacy but prohibit commercial surrogacy.
Australian states and territories allow altruistic surrogacy but prohibit commercial surrogacy.
State and territory laws protect the human rights of surrogates, babies born of surrogacy and intended parents. The laws do this by regulating altruistic surrogacy and making commercial surrogacy illegal to protect people from the risk of exploitation.
To be recognised as the legal parents of a child born through surrogacy you must abide by laws of the state or territory that you live in. Australians can be fined or even jailed if they engage in commercial surrogacy and some forms of advertising about surrogacy.
If you are considering surrogacy, it is important to understand the rules and requirements of the state or territory that you will be undertaking the surrogacy arrangement in.
While there are similarities across states and territories, the laws in each are different.
Below are links to websites with specific details and relevant legislation about surrogacy in each state and territory.
Information about obtaining legal advice can be found on the Find a lawyer page.
ACT Government provides information on surrogacy in the ACT.
Note that it is an offence for ACT residents to engage in commercial surrogacy anywhere (including overseas).
Division 2.5 of the Parentage Act 2004 (ACT) regulates surrogacy in the ACT.
The Assisted Reproductive Technology Act 2024 (ACT) commenced partially from 29 March 2024, and regulates assisted reproductive technology (ART) in the ACT.
NSW Health provides information on surrogacy in NSW.
Note that it is an offence for NSW residents to engage in commercial surrogacy anywhere (including overseas).
The Surrogacy Act 2010 (NSW) (the Act) regulates surrogacy in NSW. The policy objectives of the Act are to:
The NSW Attorney General is currently reviewing the Act. The purpose of the review is to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives. Further details on the review and a Discussion Paper can be found here.
The Assisted Reproductive Technology Act 2007 (NSW) regulates assisted reproductive technology (ART) in NSW.
NT Government explains the surrogacy process in NT.
Note that it is an offence for NT residents to engage in commercial surrogacy.
The Surrogacy Act 2022 (NT) regulates surrogacy in NT.
Queensland Government explains the surrogacy process in Qld.
Note that it is an offence for Qld residents to engage in commercial surrogacy anywhere (including overseas).
The Surrogacy Act 2010 (Qld) regulates surrogacy in Qld.
SA Legal Services Commission explains the surrogacy process in SA.
Note that it is an offence for SA residents to engage in commercial surrogacy.
The Surrogacy Act 2019 (SA) regulates surrogacy in SA.
The Assisted Reproductive Treatment Act 1988 (SA) regulates assisted reproductive treatment (ART) in SA.
Tasmanian Registry of Births, Deaths and Marriages explains the surrogacy process in Tasmania.
Note that it is an offence for Tasmanian residents to engage in commercial surrogacy.
The Surrogacy Act 2012 (Tas) regulates surrogacy in Tas.
Victorian Assisted Reproductive Treatment Authority is a statutory authority that provides independent information and support regarding fertility, infertility, assisted reproductive treatment (ART) and the best interests of children. Its website explains the surrogacy process in Victoria.
Note that it is an offence for Victorian residents to engage in commercial surrogacy.
Part 4 of the Assisted Reproductive Treatment Act 2008 (Vic) regulates surrogacy in Vic.
In 2023 a Ministerial Expert Panel published a final report with recommendations for new Assisted Reproductive Technology (ART) and Surrogacy legislation for WA. Further information about surrogacy and ART reform can be found on the WA Department of Health website.
Note that it is an offence for WA residents to engage in commercial surrogacy.
The WA Reproductive Technology Council is the body that regulates surrogacy arrangements in WA.
The Surrogacy Act 2008 (WA) is the law that regulates surrogacy in WA.
The Human Reproductive Technology Act 1991 (WA) is the law that regulates ART in WA.