Surrogacy

Surrogacy provides Australians who are unable to give birth the opportunity to have a child. Australian surrogacy laws protect the human rights of children born of surrogacy, their surrogate mothers and intended parents.

Each state and territory has its own laws about surrogacy arrangements. It is important for people wishing to engage in surrogacy to understand the laws of the state or territory they reside in or are undertaking the surrogacy arrangement in.

Commercial surrogacy is illegal in all states and territories because it can lead to risks of exploitation of surrogates, babies and commissioning parents.

If you travel overseas for surrogacy, many countries do not have laws that will protect the legal or human rights of Australian parents, the child or the surrogate. It is legally safer and in the best interests of the child and parents to pursue altruistic surrogacy in Australia.

Surrogacy in Australia – surrogacy.gov.au

On behalf of the Australian Government. we have launched Surrogacy in Australia, a new website that provides information for parents and surrogates on Australia’s surrogacy laws and policies.

The website is an Australian Government initiative, overseen by the Attorney-General’s Department.

The website is not intended to replace legal or medical advice. Rather, it provides authoritative and factual information on Australia’s surrogacy laws and policy. This includes information on:

• how Australian surrogacy law protects the legal and human rights of surrogates, babies born of surrogacy and intended parents
• the human rights risks and legal issues associated with international commercial surrogacy
• where people can seek advice depending on their state and territory of residence and their personal circumstances.

Australian Law Reform Commission inquiry into surrogacy laws

The Attorney-General has referred an inquiry into surrogacy laws to the Australian Law Reform Commission (ALRC).

The ALRC has been asked to review Australian surrogacy laws, policies and practices to identify legal and policy reforms. It will consider proposals for uniform or complementary state, territory and Commonwealth laws that are consistent with Australia’s international obligations and the protection of human rights.

Visit Review of surrogacy laws on the ALRC website to find out more about the inquiry, including the terms of reference.

The ALRC will provide its report to the Australian Government by 29 July 2026.