Altruistic surrogacy only. All states require a written agreement, independent legal advice, and mandatory counselling.
| State | Legislation | Access | Min Age Surrogate | Previous Birth | Parentage Order |
|---|---|---|---|---|---|
| ACT | Parentage Act 2004 ART Act 2024 | All family types | 25+ | Required | Alternative legal process |
| NSW | Surrogacy Act 2010 | All family types | 25+ | Strongly recommended | 30 days to 6 months after birth |
| NT | Surrogacy Act 2022 | All family types IPs must be 25+ |
25+ | Not required | 30 to 180 days after birth |
| QLD | Surrogacy Act 2010 | All family types | 25+ | Required | 30 days to 6 months after birth |
| SA | Surrogacy Act 2019 | All family types | 25+ | Must have carried to live birth | 30 days to 6 months after birth |
| TAS | Surrogacy Act 2012 | All family types | 25+ | Required | 30 days to 6 months after birth |
| VIC | ART Act 2008 + VARTA | All family types | 25+ | Must have given birth to a live child | 30 days to 6 months after birth |
| WA | Surrogacy Act 2008 Under review | Heterosexual couples only | 25+ | Must have given birth to a live child | 30 days to 6 months after birth |
