In Australia only altruistic surrogacy is lawful — the surrogate may be reimbursed reasonable expenses but not paid a fee. Commercial surrogacy is prohibited, and some states also make it an offence to enter a commercial arrangement overseas. Every arrangement requires independent legal advice and counselling for all parties before treatment. 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: surrogate, altruistic surrogacy, gestational carrier
Related Australia guides
Related checklists
Planning tools
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.