After a surrogacy birth the surrogate and her partner are the legal parents until a state or territory court makes a parentage order transferring parenthood to the intended parents. Applications must meet strict requirements including prior counselling, legal advice and timeframes, which is why arrangements should be set up properly before conception. 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: transfer of parentage, surrogacy court order
Related Australia guides
Related checklists
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.