Think of the word ‘surrogacy’ and you’d be forgiven for calling to mind a celebrity line-up. Kim Kardashian, Paris Hilton and Rebel Wilson have all spoken about using a surrogate to welcome their children. But this route to motherhood isn’t an easy one, especially Down Under.
In Australia, paying someone to carry your child is illegal – and it’s also unlawful to advertise the services of a surrogate. While you can technically find a surrogate within your own community such as your sister, mother or friend, this can be a tricky situation, seeing many women turn to pricy overseas agencies. (In the 2021–2022 financial year, 213 Australian babies were born through international surrogacy).
However now, as per reports from the ABC, the ACT government has revealed proposed changes to surrogacy laws that would allow single people to access the option, and remove the requirement for an intended parent to have a genetic connection to the child. It would also allow people to advertise for an altruistic surrogate, although commercial surrogacy would remain illegal.
“Increasingly the ACT has been falling behind the other states and the Northern Territory with regard to its surrogacy laws,” Human Rights Minister Tara Cheyne said. “The ACT is a very small jurisdiction, and requiring intended parents to engage in a surrogacy arrangement in the ACT is incredibly limiting. Changing those laws does provide for some more flexibility, it does allow for intended parents to cast a bit of a wider net.”
The government also wants to remove legal obstacles for intended parents who find a surrogate in another state (right now, it’s difficult for parents to get a parentage order if the embryo transfer occurs interstate). “Not everybody has a job that can pick up and move, and it’s a big deal to move your life interstate,” adds Ms Woodhead.
International surrogacy
A study taken out by The Conversation surveyed more than 300 Australians who were parents through surrogacy, or were planning on having a child via surrogacy, asking if they had picked international or domestic surrogacy and why.
Respondents who had a child through international surrogacy commonly reported using two fertility treatments currently banned in Australia: multiple embryo transfer and anonymous egg donation. In Australia, only one embryo can be transferred to surrogates at a time. This is because multiple embryo transfer increases the risk of twin, or even triplet, pregnancies. These pregnancies are linked to higher rates of complications for the pregnant woman and the baby, including preterm birth.
Surrogacy FAQ
How much does a surrogate cost in Australia?
The price of surrogacy in Australia can range anywhere from $15,000 to over $100,000. The major variable is the cost fertility treatment, which will depend on what sort of treatment you require, and the success of any treatment and when the surrogate falls pregnant.
Is surrogacy legal in Australia?
Surrogacy is legal where the surrogate mother does not make a profit from the arrangement (dubbed altruistic surrogacy), however specific eligibility requirements vary. Most of the parents do however pay the surrogate mother’s cost of medical and legal expenses.
Can a surrogate keep the baby Australia?
According to nt.gov.au, the surrogate has the same rights to manage the pregnancy and birth as any other pregnant person. They will be the child’s legal parent at birth. A surrogate can choose to keep the baby. They can’t be forced by law to give it to the intended parents.
Is surrogacy covered by Medicare?
Surrogacy is not covered by medicare. This includes any of the assisted reproductive services rendered in conjunction with surrogacy arrangements, according to the Department of Health.
How long does surrogacy process take?
The process can take between 15 and 18 months from the moment an application is submitted until the intended parents are holding their newborn. However in some international cases it can take much longer.
