Laws and Legislation

There is no Commonwealth legislation surrounding surrogacy, therefore surrogacy laws vary by State. Despite this all Australia IVF clinics must adhere to the NHMRC РEthical 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