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Surrogacy in Australia

Commercial surrogacy is prohibited in Australia, but altruistic surrogacy is permitted. However, there are differences by state. Let’s consider the basic principles of surrogacy in Australia. To use surrogacy, you must have medical indications, which can only be provided by a doctor. In Western Australia, gay couples are prohibited from accessing surrogacy. The surrogacy agreement is enforceable, so there is a risk that the surrogate mother or intended parents may change their mind, although such cases are extremely rare. Surrogacy must be altruistic and may only cover the surrogate’s reasonable expenses related to pregnancy and childbirth. The agreement between the surrogate mother and the intended parents is approved by the clinic or an external committee before any embryo transfer. After the birth, the surrogate mother and her partner are listed as the child’s parents on the birth certificate. And only after the court’s decision to establish paternity, the order will transfer paternity to the intended parents and they will be able to get a second birth certificate where they will be recorded instead of the surrogate mother and her partner. So professionals in this field call for constant analysis of this industry and reforms for improvement.

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