Australia’s surrogacy laws are currently under review by the Australian Law Reform Commission. The aim is to create a system that is safer, clearer and more consistent. The ALRC is examining the entire pathway, from screening and matching to legal parentage and post-birth support.

One important suggestion in the review is the creation of licensed Surrogacy Support Organisations. These would help intended parents and surrogates find one another safely, provide guidance and education, support people throughout the arrangement and remain available afterwards.

Below are eight major questions people are asking, along with what the ALRC is currently considering.

1. Will we be able to pay surrogates in Australia?

The ALRC’s work draws a firm distinction between commercial and compensated surrogacy.
Commercial surrogacy treats pregnancy as paid work, where the surrogate earns income or profit. This is expected to remain illegal.
Compensated surrogacy is different. The idea is that a surrogate should not carry the physical, emotional or financial burden alone. Intended parents would be legally required to cover all pregnancy-related costs, as well as capped hardship payments recognising pain, risk and significant bodily impact.

These payments are not a wage and are not “buying a baby”. They are a structured way of recognising genuine labour, loss and inconvenience. The model is more generous and clearer than today’s “reasonable expenses” approach, and aims to make domestic surrogacy safer and more viable.

2. And if so, how much?

The ALRC has not suggested a specific number. Instead, the proposed structure involves:
• full reimbursement of all documented losses and costs
• separate capped hardship payments for physical and emotional labour

The hardship figure would likely draw on international examples.

In Canada, typical surrogate compensation for recognised pregnancy impacts is AUD 25–35k, depending on individual circumstances.

Australia is unlikely to set a single fixed national amount. Instead, evidence of actual costs would guide reimbursements, and hardship payments would sit within a transparent, regulated cap that prevents commercialisation while acknowledging real effort and risk.

3. How will surrogates be protected?

The idea is to build a much stronger safety net. Before approval, surrogates would receive medical screening, psychological assessment, implications counselling and independent legal advice. Eligibility checks may also apply to intended parents.

Financially, intended parents would fund comprehensive insurance, including health, life and income protection, continuing after birth or in the event of miscarriage or stillbirth. Payments would move through a trust account to avoid disputes, and recovery costs would be clearly defined as lawful expenses.

The goal is simple. A surrogate should not carry the physical, emotional or financial risk of pregnancy on behalf of someone else without proper protection.

4. How will intended parents be helped to find a surrogate?

Today, most Australians rely on personal networks or online groups. The ALRC team is exploring a safer, more structured approach.

Licensed Surrogacy Support Organisations would be allowed to assist with matching, preparation and ongoing support. They would offer education, guidance, screening before introductions and clear expectations for both sides. Advertising rules would also be modernised so people can signal interest without breaking the law.

The aim is to make it easier to meet safely, to ensure people are properly screened before matching, and to reduce reliance on overseas arrangements.

5. What reviews or checks will happen before a surrogacy can take place?

The ALRC is considering a pre-approval process that happens before conception, rather than sorting out the legalities at the end. This would include medical and psychological screening for everyone involved, counselling, and independent legal advice. A written agreement would be created early and would be ready for administrative transfer of legal parentage.

This kind of early oversight reduces the chance of disputes, ensures informed consent and clarifies expectations. It also protects the child, the surrogate and the intended parents before any pregnancy begins.

6. How will I be sure the surrogate will not keep the baby?

A major change being explored is recognising intended parents as the child’s legal parents from birth, through an administrative process approved before conception. The surrogate would not be listed as the legal parent on the public birth certificate. Instead, the certificate would include a confidential marker noting surrogacy, and detailed information would be stored on a national register for the child’s future access.

There would still be a legal mechanism for exceptional cases, but the default would be clear and stable. With parentage agreed before treatment begins, the likelihood of disputes about “who keeps the baby” drops significantly.

7. How will I be sure the parents will take good care of the baby?

The child’s welfare is at the core of the review and is one of the ALRC’s leading principles.

The idea is not to police parenting after birth, but to ensure people are ready, stable and suitable before approval. Intended parents would undergo eligibility checks, counselling and possibly psychological screening. Best-interests considerations would apply throughout the approval process.

Once an arrangement is approved, intended parents would become the legal parents from birth and would carry full responsibility, just like any other parents. The system aims to prevent clearly unsafe arrangements from starting while avoiding unnecessary intrusion into family life.

8. Will there be guides on what the intended parent–surrogate relationship will be like?

Yes. At the moment, Australians often describe surrogacy here as deeply altruistic, informal and personal, while other countries feel more structured or transactional. The ALRC is interested in clearer guidance so people understand what these relationships usually involve.

Surrogacy Support Organisations would offer education about boundaries, communication, expectations during pregnancy, contact after birth and managing conflict. This does not dictate whether people become close, but it gives them a framework for navigating what can be an intense and emotional partnership.

The aim is to create an environment for healthy, respectful relationships rather than leaving everything to chance.

References

ALRC Review of Surrogacy Laws – Issues Paper (2025)
https://www.alrc.gov.au/publication/review-of-surrogacy-laws-issues-paper-2025/

Canada references
https://www.canada.ca/en/health-canada/services/drugs-health-products/assisted-human-reproduction/surrogacy.html
https://www.surrogacy.ca/compensation/
https://www.cbc.ca/news/canada/surrogacy-costs

UK background on “reasonable expenses”
https://www.gov.uk/legal-rights-when-using-surrogacy
https://www.hfea.gov.uk/treatments/explore-all-treatments/surrogacy/

New Zealand surrogacy regulation (ethics approval and reasonable expenses only)
https://ecart.health.govt.nz/
https://www.health.govt.nz/our-work/regulation-health-and-disability-system/assisted-reproductive-technology