Yes, surrogacy is legal in Australia but strictly regulated under state and territory laws, with altruistic models permitted and commercial surrogacy prohibited. The Family Law Act 1975 (Cth) governs parentage orders, while local schemes—such as the Surrogacy Act 2010 (NSW) and Assisted Reproductive Treatment Act 1988 (Vic)—impose additional compliance burdens. Recent 2026 reforms in Queensland and Western Australia now mandate pre-conception counseling and independent legal advice for all parties, aligning with the Australian Health Ethics Committee’s updated guidelines.
Key Regulations for Surrogacy in Australia
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Altruistic-only framework: Commercial surrogacy is criminalized in all jurisdictions, with penalties up to 2,000 penalty units or imprisonment in states like Victoria. Only reasonable expenses (e.g., medical, legal) may be reimbursed, as defined under the Assisted Reproductive Treatment Act 1988 (Vic) s 33.
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Pre-birth agreements void: Surrogacy arrangements are unenforceable in courts, per the Family Law Act 1975 (Cth) s 60H. Parentage orders must be sought post-birth through state-based tribunals, such as the NSW Civil and Administrative Tribunal (NCAT), which assesses the child’s best interests under the Surrogacy Act 2010 (NSW) s 11.
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Eligibility and consent: Intended parents must prove infertility or medical necessity, while surrogates require independent legal and psychological clearance. Western Australia’s 2026 Surrogacy Bill introduces mandatory cooling-off periods of 30 days post-birth before orders are finalized, mirroring ethical standards from the National Health and Medical Research Council’s 2023 guidelines.