Paying a surrogate beyond reasonable expenses is prohibited across Australia, and in several states it is also an offence for residents to enter commercial arrangements overseas. Anyone considering international surrogacy should obtain Australian legal advice first, because citizenship, parentage and criminal liability all need to be considered. Assisted reproductive treatment, donor and surrogacy law differs between Australian states and territories. Check the rules that apply where you live and where your clinic is located.
Also known as: paid surrogacy, overseas surrogacy, international surrogacy
Related Australia guides
Sources
- NHMRC Ethical guidelines on the use of assisted reproductive technology in clinical practice and research (nhmrc.gov.au)
- Royal Australian and New Zealand College of Obstetricians and Gynaecologists (ranzcog.edu.au)
Last reviewed: 10 September 2026. Written by the Antega Editorial Team. General information only — always follow the advice of your own clinic, doctor or pharmacist.