In Australia it is illegal to engage in a Commercial Surrogacy Agreement, it is also illegal to advertise for a Surrogate or to financially benefit from setting up a Surrogacy arrangement, as such there are no agents working in the domestic Australian Surrogacy Market.
With varying State laws on advertising for a surrogate, or for those offering to be a surrogate it is important to check your home state legislation before engaging in advertising of any sort.
State |
Surrogates own eggs allowed |
Able to advertise for surrogate/offer to carry? |
Single Intended Parents eligible? |
Gay couples eligible? |
Can surrogate claim lost income? |
Surrogate needs to have had child of her own? |
Ban on overseas compensated surrogacy? |
Min age of (at least one) intended parent |
Min age of surrogate |
QLD |
√ | × | × | √ | √ | × | since 1988 | 25 yrs |
25 yrs |
NSW |
√ | Unpaid ads only | √ | √ | √ | × | since 2011 | 18 yrs |
25 yrs |
ACT |
× | × | × | × | ? | × | since 2004 | 18 yrs |
18 yrs |
VIC |
√ | × | √ | √ | × | √ | × | 18 yrs |
25 yrs |
TAS |
√ | × | √ | √ | √ | × | × | 21 yrs |
25 yrs |
SA |
× | Unpaid ads only | × | × | × | × | × | 18 yrs |
18 yrs |
WA | × | Unpaid ads only | × | × | √ for 2 months | √ | × | 25 yrs |
25 yrs |
NT | √ | No law | No law | √ | √ | × |
× | unspecified | unspecified |
Family & Reproductive Law Specialists
The following have particular expertise in surrogacy arrangements
Name | Firm | State |
Ben Smith | Berry Family Law | VIC |
Ben Sayer | Sayer Jones | VIC |
Monica Blizzard | KHQ Lawyers | VIC |
Sarah Jefford | Sarah Jefford lawyers | VIC |
Stephen Page | Page Provan | QLD |
Kate Cherry | Cherry Family Law | QLD |
Shannon Daykin | Daykin Family Law | QLD |
Lucy Thomas | Paterson Dowding | WA |
Marty Cavanagh | Kavanagh Lawyers | WA |
Rachel Oakeley | Barrister | WA |
Alfonso Layson | Sarah Bevan Family lawyers | NSW |
Cassandra Kalpaxis | Kalpaxis Legal | NSW |
Nicole Aghabi | Sydney Surrogacy Lawyers | NSW |
Nicholas Stewart | Dowson Turco | NSW |
Kate Bishop | Culshaw Miller | SA |
Julie Redman | Adelta Legal | SA |