In nearly every state and territory, the answer is yes — altruistic surrogacy is legally available to LGBTQ+ individuals and couples, including single men, gay male couples, lesbian couples, and trans or non-binary parents. Discrimination based on sexuality or gender identity is not permitted when accessing fertility treatment under Australian law.
However, Western Australia remains an exception. As of May 2025, WA law still restricts surrogacy access to heterosexual couples and single women, excluding same-sex couples, single men, and trans individuals from the legal surrogacy framework.
While efforts have been made to reform WA's laws — including a bill introduced in 2018 to expand access — these changes have not yet been enacted. Many LGBTQ+ people in WA have been forced to seek surrogacy options interstate or overseas, often at significant financial and emotional cost.
We have seen recent changes in The Northern Territory and in South Australia to create inclusive access to surrogacy and level the playing field for all intended parents. We hope to see things change quickly in WA.
Altruistic surrogacy only, no commercial options
Australia permits altruistic surrogacy only, meaning the surrogate cannot be paid for her time or effort — only reimbursed for reasonable medical and pregnancy-related expenses.
This applies to all intended parents, regardless of sexuality or gender.
Some Australians consider travelling overseas for commercial surrogacy, particularly in countries like the United States or Canada. However, entering into a commercial surrogacy arrangement overseas is illegal for residents of NSW, QLD and the ACT, even if it's lawful in the country where it occurs.
