A growing number of Australian couples are turning to international surrogacy arrangements as they seek to start or expand their families, with new data revealing a significant increase in overseas births through surrogates.
Rising Numbers Tell the Story
According to the Australia and New Zealand Assisted Reproduction Database, 131 surrogacy babies were born in Australia and New Zealand in 2022. However, people working in the sector suggest the actual number could be higher.
More telling are the figures from the Department of Home Affairs, which show that 361 children born through international surrogacy arrangements acquired Australian citizenship in 2023-24. This represents a substantial jump from 222 children in 2021-22, highlighting the growing appeal of overseas surrogacy options.
Why Australian Couples Look Overseas
The primary driver behind this trend lies in Australia’s restrictive surrogacy laws. In Australia, commercial surrogacy is illegal across all jurisdictions. While every state and territory permits altruistic surrogacy, this arrangement only allows for the surrogate’s expenses to be covered, with no additional profit or payment permitted.
This legal framework creates significant barriers for intended parents, who often find more accessible options abroad where commercial surrogacy is regulated and legal.
Popular International Destinations
According to the Department of Home Affairs, Australian couples have clear preferences when it comes to international surrogacy destinations. The United States tops the list as the most popular country for Australian couples seeking surrogates, followed by Georgia, Canada, Colombia, Ukraine, and Mexico.
These countries offer various advantages, including established legal frameworks for commercial surrogacy, experienced medical facilities, and clearer processes for citizenship and legal parentage.
Calls for Legal Reform
The current situation has sparked debate among legal experts and advocates about Australia’s approach to surrogacy. Surrogacy lawyer Sarah Jefford, who has personal experience as a surrogate, believes commercial surrogacy should be allowed in Australia.
“Everyone else is paid, including the lawyers, the counsellors and the clinicians,” she said. “I wonder why the surrogates have to do all of the work and take most of the risk, without being compensated.”
Ms Jefford advocates for significant reform of Australia’s current system, describing the existing laws as a “patchwork” that needs federal coordination. “I think uniform laws are crucial for making it more accessible but also making sure we don’t have medical tourism within our own country,” she said.
Current Legal Landscape
The complexity of Australia’s surrogacy laws varies significantly across states and territories, creating confusion and additional barriers for intended parents:
Queensland and New South Wales require intended parents to demonstrate a social or medical need, set a minimum age of 25 for surrogates, and prohibit couples from engaging in commercial surrogacy overseas.
Victoria maintains similar requirements with intended parents needing to show social or medical need and surrogates being at least 25 years old.
Tasmania follows the same medical/social need and age requirements but adds the restriction that each party to the arrangement must be in the state.
South Australia requires intended parents to have a medical or social need and sets the surrogate minimum age at 25.
Australian Capital Territory allows same-sex couples to find surrogates, sets the surrogate minimum age at 18 (lower than other jurisdictions), but prohibits commercial surrogacy overseas.
Western Australia takes a more restrictive approach, requiring intended parents to demonstrate medical need only, excluding same-sex couples from surrogate arrangements, setting the surrogate minimum age at 25, and prohibiting residents from engaging in commercial surrogacy overseas.
Northern Territory offers the most inclusive approach, allowing anyone to be an intended parent while still prohibiting commercial surrogacy overseas and maintaining the 25-year minimum age for surrogates.
Future Outlook
Recognition of these challenges has prompted action at the federal level. The Australian Law Review Commission is currently reviewing the nation’s surrogacy laws and will consider how to reduce barriers to domestic altruistic surrogacy arrangements in Australia.
This review represents a potential turning point for Australian families seeking surrogacy options, as it may lead to more consistent and accessible domestic alternatives to international arrangements.
The growing trend of overseas surrogacy reflects both the strong desire of Australian couples to have children and the limitations of the current domestic legal framework. As the debate continues and legal reviews progress, the future of surrogacy in Australia may look significantly different from today’s complex patchwork of state-based regulations.
