Surrogacy in Australia: Legal and Medical Considerations

For individuals and couples who cannot carry a pregnancy themselves, surrogacy in Australia offers a pathway to parenthood. Whether due to medical conditions, infertility, or same-sex parenting, surrogacy can be a life-changing option.

Dr. Basu provides expert guidance on the surrogacy process, helping intended parents and surrogates navigate the medical and legal journey with confidence.

What Is Surrogacy & Who Needs It?

Surrogacy allows a woman (the surrogate) to carry a pregnancy for another person or couple (the intended parents). Doctors often recommend this option for:

• Women with uterine conditions or a previous hysterectomy
• Those experiencing recurrent pregnancy loss or medical issues preventing pregnancy
• Same-sex male couples or single men seeking to have a child
• Individuals who have failed multiple IVF cycles despite high-quality embryos

In Australia, only altruistic surrogacy is legal, meaning surrogates cannot receive payment beyond medical and pregnancy-related expenses.

How the Surrogacy Process Works in Australia

1. Finding a Surrogate

Most surrogates are friends,  family members or volunteer surrogates, as Australian law prohibits commercial surrogacy. Intended parents can also connect with potential surrogates through support organisations.

2. Legal Process & Agreements

• Both the surrogate and intended parents must seek independent legal advice.
• A lawyer drafts a legally binding surrogacy agreement.
• All parties undergo mandatory pre-surrogacy counselling.

3. Medical Process: IVF & Pregnancy

• Doctors use IVF to fertilise the intended mother’s or donor’s eggs with sperm from the intended father or a donor.
• A fertility specialist transfers the healthiest embryo into the surrogate’s uterus.
• Throughout pregnancy, the surrogate receives routine medical care from obstetricians and fertility specialists.

4. Parental Transfer After Birth

• The law initially recognises the surrogate as the child’s legal mother.
• Intended parents must apply for a Parentage Order in court.
• Once approved, the state updates the baby’s birth certificate to list the intended parents.

This process ensures the rights and well-being of both the surrogate and the child.

Legal Considerations for Surrogacy in Australia

Surrogacy laws vary by state, but the key legal requirements include:

• Only altruistic surrogacy is legal. Paying a surrogate beyond medical expenses is against the law.
• All parties must receive legal advice before proceeding.
• Surrogates retain legal rights at birth, though agreements outline the intended transfer of parentage.
• Some states restrict overseas surrogacy, making legal guidance essential.

We highly recommend engaging a fertility lawyer early to help you navigate the legal landscape with appropriate legal support.

Is Surrogacy Right for You?

Surrogacy is a deeply personal journey that involves medical, legal, and emotional considerations. It can provide hope for those unable to conceive naturally, but understanding the process is crucial.

If you are considering surrogacy, Dr. Basu can guide you through every step, from medical evaluations to legal referrals and emotional support.

Book a consultation today to explore surrogacy options tailored to your needs.