Surrogacy · Australian law · Parentage Orders

Surrogacy in Australia: per-state law

Altruistic-only surrogacy is legal in every Australian state and territory under state-specific Acts. This guide walks through each state’s framework, the Parentage Orders process, compulsory counselling and legal advice, indicative $60,000 – $100,000+ cost, and the extra-territorial offence affecting NSW, QLD and ACT residents considering overseas commercial surrogacy.

The Education Desk · Editorial team, schools + fertility + family services · Updated 17 May 2026 · How we rank · Editorial standards

★Key takeaways

✓Altruistic surrogacy is legal in every Australian state and territory. Commercial surrogacy is illegal everywhere.
✓Commercial surrogacy overseas is an extra-territorial offence for residents of NSW, QLD and the ACT. Family Law Act implications still apply elsewhere.
✓Each state has its own surrogacy Act. The surrogate and her spouse are the legal parents at birth; intended parents apply for a Parentage Order from a state court.
✓Compulsory pre-conception counselling and independent legal advice apply for surrogate and intended parents in every state.
✓Indicative total intended-parent spend: $60,000 – $100,000+. The surrogate is reimbursed for reasonable expenses only; she cannot be paid for being a surrogate.
✓Surrogacy agreements are not legally enforceable as to relinquishment of the child until the Parentage Order is made – the moral, not legal, framework binds the parties.

State-by-state framework

Surrogacy law in each Australian state

Each state and territory has its own surrogacy framework. The common features: altruistic-only, compulsory pre-conception counselling, compulsory independent legal advice, written surrogacy agreement, post-birth Parentage Order. The differences are in the court that hears the Parentage Order, the timing window and the overseas commercial-surrogacy treatment.

NSW

Surrogacy Act 2010 (NSW)

Altruistic surrogacy

Legal

Commercial surrogacy

Illegal (extra-territorial)

Overseas commercial

Extra-territorial offence – commercial surrogacy overseas is illegal for NSW residents.

Parentage Order process

Apply to the Supreme Court of NSW for a Parentage Order between 30 days and 6 months after birth.

Counselling

Compulsory pre-conception counselling for surrogate, intended parents and partners.

Legal advice

Compulsory independent legal advice for surrogate and intended parents before entering the arrangement.

VIC

Surrogacy provisions in the Assisted Reproductive Treatment Act 2008 (VIC); Status of Children Act 1974 (VIC) for Parentage Orders

Altruistic surrogacy

Legal (subject to Patient Review Panel approval)

Commercial surrogacy

Illegal

Overseas commercial

No specific extra-territorial offence, but Family Law Act implications apply.

Parentage Order process

Application to the County or Supreme Court of Victoria after 28 days and within 6 months of birth.

Counselling

Compulsory; Patient Review Panel reviews the arrangement before treatment.

Legal advice

Compulsory independent legal advice for all parties before treatment.

QLD

Surrogacy Act 2010 (QLD)

Altruistic surrogacy

Legal

Commercial surrogacy

Illegal (extra-territorial)

Overseas commercial

Extra-territorial offence – commercial surrogacy overseas is illegal for QLD residents.

Parentage Order process

Apply to the Childrens Court of Queensland between 28 days and 6 months after birth.

Counselling

Compulsory pre-conception counselling.

Legal advice

Compulsory independent legal advice for both surrogate and intended parents.

SA

Surrogacy Act 2019 (SA)

Altruistic surrogacy

Legal

Commercial surrogacy

Illegal

Overseas commercial

Family Law Act implications apply; no SA-specific extra-territorial offence.

Parentage Order process

Application to the Youth Court of SA after 28 days and within 12 months of birth.

Counselling

Compulsory pre-conception counselling.

Legal advice

Compulsory independent legal advice for surrogate and intended parents.

WA

Surrogacy Act 2008 (WA)

Altruistic surrogacy

Legal

Commercial surrogacy

Illegal

Overseas commercial

Family Law Act implications apply.

Parentage Order process

Application to the Family Court of WA after 28 days and within 6 months of birth.

Counselling

Compulsory; Reproductive Technology Council reviews arrangements involving WA-funded treatment.

Legal advice

Compulsory independent legal advice for surrogate and intended parents.

TAS

Surrogacy Act 2012 (TAS)

Altruistic surrogacy

Legal

Commercial surrogacy

Illegal

Overseas commercial

Family Law Act implications apply.

Parentage Order process

Application to the Magistrates Court of Tasmania between 30 days and 6 months after birth.

Counselling

Compulsory pre-conception counselling.

Legal advice

Compulsory independent legal advice.

ACT

Parentage Act 2004 (ACT), Part 4

Altruistic surrogacy

Legal

Commercial surrogacy

Illegal (extra-territorial)

Overseas commercial

Extra-territorial offence – commercial surrogacy overseas is illegal for ACT residents.

Parentage Order process

Application to the Supreme Court of the ACT after 6 weeks and within 6 months of birth.

Counselling

Compulsory pre-conception counselling.

Legal advice

Compulsory independent legal advice.

NT

Surrogacy Act 2022 (NT)

Altruistic surrogacy

Legal

Commercial surrogacy

Illegal

Overseas commercial

Family Law Act implications apply.

Parentage Order process

Application to the Supreme Court of the NT after 28 days and within 6 months of birth.

Counselling

Compulsory pre-conception counselling.

Legal advice

Compulsory independent legal advice.

Indicative cost

What altruistic surrogacy actually costs

The surrogate is reimbursed for reasonable expenses only – she cannot be paid for being a surrogate. The bulk of the intended-parent spend is on IVF, medical out-of-pockets across pregnancy, compulsory counselling, independent legal advice and the Parentage Order application. Figures below are indicative AUD; vary materially by state and clinical complexity.

Cost line	Indicative range (AUD)
IVF cycle(s) to create embryos (egg source)	$9,500 – $13,000 per cycle
Embryo transfer to surrogate (FET cycle)	$3,000 – $5,000 per transfer
Surrogate medical, travel and reasonable lost-wages expenses	$15,000 – $35,000+ across the pregnancy
Compulsory counselling (multiple sessions)	$2,000 – $4,000
Independent legal advice (both parties)	$8,000 – $15,000
Parentage Order application	$3,000 – $8,000 legal + filing fees
Birth-related medical (insurance gaps, neonatal)	$2,000 – $10,000
Indicative total intended-parent spend	$60,000 – $100,000+

Process timeline

From first conversation to Parentage Order

Months 0 – 6

Initial discussion between intended parents and surrogate (often a friend, sister or sister-in-law).
Joint information session at a fertility clinic that offers surrogacy.
Compulsory pre-conception counselling sessions, individually and together.
Independent legal advice for surrogate and intended parents.
Medical clearance for the surrogate.
Written surrogacy agreement signed.
State-specific approval where required (e.g. VIC Patient Review Panel).

Months 6 – 18 (typical)

IVF cycle to create embryos using the intended mother’s eggs or a donor egg.
Embryo transfer to the surrogate (FET cycle).
Pregnancy under shared antenatal care with the surrogate’s clinical team.
Birth – surrogate (and her spouse) is the legal parent at birth.
After the post-birth waiting period (28 days to 6 weeks depending on state), Parentage Order application is filed.
Court hearing and Parentage Order made (typically 2 – 6 months post-birth).
New birth certificate issued in the intended parents’ names.

Overseas commercial surrogacy

A serious legal risk for some residents

For residents of NSW, Queensland and the ACT, entering into a commercial surrogacy arrangement overseas is an extra-territorial criminal offence even if the surrogacy is lawful in the destination country. Penalties include imprisonment. For residents of other states, the offence does not apply but Australian Family Law Act implications around citizenship, legal parentage and Parentage Orders remain.

Most Australian family lawyers strongly counsel domestic altruistic surrogacy as the lower-risk pathway, despite the wait and the difficulty of finding a surrogate.

Finding a surrogate

No agencies – community networks

There are no for-profit surrogacy agencies in Australia. Intended parents typically find a surrogate through Surrogacy Australia, peer-support networks, or family and friends. Most surrogacies in Australia are between people who already know each other. Public advertising of a request for a surrogate is restricted in most states.

Surrogacy Australia (peer-support, not an agency): surrogacyaustralia.org
State-specific support groups (Aussie Surrogacy and others).
Engage a surrogacy lawyer in your state before any approach is made.

General information only

Surrogacy law is jurisdictionally complex and changes. This page is general information, not legal or medical advice. Engage a surrogacy lawyer in your state and a fertility specialist experienced in surrogacy cycles before entering into any arrangement.

Common questions

Surrogacy in Australia – common questions

Is surrogacy legal in Australia?

Altruistic surrogacy is legal in every Australian state and territory under state-specific Acts. Commercial surrogacy is illegal everywhere in Australia. The surrogate may be reimbursed for reasonable medical, travel and lost-wages expenses, but cannot be paid for being a surrogate.

Can I go overseas for commercial surrogacy?

For residents of NSW, Queensland and the ACT this is an extra-territorial offence – commercial surrogacy overseas is illegal even when conducted in a country where it is legal. For residents of other states the position is less explicit but Family Law Act implications still apply (citizenship, parentage). Most family lawyers strongly counsel domestic altruistic surrogacy as the lower-risk pathway.

How do intended parents become the legal parents?

At birth the surrogate (and her spouse if she has one) is the legal parent under each state Act. Intended parents apply for a Parentage Order from the relevant state court between roughly 28 days and 6 months after birth (timing varies by state). The order transfers legal parentage and entitles the intended parents to a new birth certificate.

Can I find a surrogate through an agency?

There are no for-profit surrogacy agencies in Australia. Intended parents typically find surrogates through Surrogacy Australia, peer-support networks, family or friends. Public advertising of a request for a surrogate is restricted in most states. Most surrogacies in Australia are between people who know each other.

Who can use altruistic surrogacy?

Eligibility varies by state. Generally available to: heterosexual couples with a medical or social reason, same-sex couples, single people. Some states require a medical indication (absent or non-functional uterus, repeat IVF failure with intact uterus excluded, medical contraindication to pregnancy). All require pre-conception counselling and legal advice.

How long does the process take?

From finding a surrogate to Parentage Order is typically 18 – 30 months. Pre-conception steps (counselling, legal advice, medical clearance, written agreement) typically 3 – 6 months. IVF cycle and embryo transfer 2 – 6 months. Pregnancy 9 months. Parentage Order application 2 – 6 months post-birth.

What if the surrogate changes her mind?

Surrogacy agreements in Australia are not legally enforceable as to the relinquishment of the child – the surrogate retains the legal right to keep the child until the Parentage Order is made. This is consistent across every state. The role of pre-conception counselling and the written agreement is to make the moral and emotional framework explicit rather than to create legal coercion.

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