There is no Commonwealth legislation surrounding surrogacy, therefore surrogacy laws vary by State. Despite this all Australia IVF clinics must adhere to the NHMRC – Ethical Guidelines on the use of Assisted Reproductive Technology in Clinical Practice & Research and the RTAC- Code of Practice for Assisted Reproductive Technology Units for accreditation.
The following table has a brief run down of who can do surrogacy by State. Click the State for relevant Act
State |
Who can do surrogacy? |
Queensland |
Intended Parents: Couples, singles and same sex singles or couples Surrogate: Must be over 25 years Click here to for a summary of the Queensland Surrogacy Act 2010 |
New South Wales |
Intended Parents: Couples, singles and same sex singles or couples Surrogate: Must be over 25 years Click here for a summary of the New South Wales Surrogacy Act 2010 |
Australia Capital Territory |
Intended Parents: Heterosexual couples only Surrogate: Must be over 25 years and be married Click here for a summary of the Parentage Act 2004 |
Victoria |
Intended Parents: Heterosexual couples or single women only Surrogate: Must be over 25 years Click here for a summary of the Assisted Reproductive Treatment Act 2008 |
South Australia |
Intended Parents: Heterosexual couples only either married or in a defacto relationship for at least 3 years Surrogate: Must be over 18 years Click here for a summary of the SA Act |
Northern Territory |
There is currently no legislation for Surrogacy in the Northern Territory therefore all forms of surrogacy are allowed Click here to learn more |
Western Australia |
Intended Parents: Heterosexual couples or single women only Surrogate: Must be over 25 years Click here for a summary of the Surrogacy Act 2008 |
Tasmania |
Intended Parents: Couples, singles and same sex singles or couples Surrogate: Must be over 25 years and a resident of Tasmania Click here for a summary of the Tasmania Surrogacy Act 2012 |