Surrogacy Laws in Australia are administered at a State level and there are wide variations of surrogacy arrangements types that are allowed in various states. In all Australian states except South Australia and Western Australia, uncompensated (altruistic) surrogacy is accessible to gay couples, including legal transfer of parentage. These states provide a highly regulated process, requiring surrogate and intended parent counseling, legal advice and, usually, medical ethics approval prior to progressing. However, there are major problems with regulated Australian surrogacy:
1. Surrogacy agencies are illegal so you need to manage the matching and surrogate relationship entirely.
2. Paid advertising for surrogates is illegal.
3. There is a shortage of willing surrogates.
4. Only out-of-pocket surrogate expenses can be compensated.
5. There is no legal protection for intended parents.
As a result, most gay Australians pursue surrogacy offshore. However, arguments for policy change to allow compensated surrogacy are gaining political traction. Compensated surrogacy (where the surrogate is paid more than expenses) is not allowed in any state of Australia. Furthermore, foreigners are not allowed to undergo the surrogacy program in Australia.
Disclaimer: We aim to provide you with all necessary information on surrogacy in different countries but legislation in each country is not an easy thing and changes rapidly. The information on this page is not obligatory updated according to the latest changes in the legislation. So, please, check the latest updating with our manager.