Do I Qualify for Surrogacy in Australia?

Understanding the Requirements for Intended Parents and Surrogates

If you're considering surrogacy in Australia—whether as an Intended Parent (IP) or as a surrogate—it's important to understand the eligibility requirements. While the laws vary slightly between states and territories, there are some common criteria across the country. Below, we’ve broken it down into two sections to help you understand what’s involved in determining whether you’re eligible to participate in a surrogacy arrangement.

‍For Intended Parents: Who Can Access Surrogacy in Australia?

In most parts of Australia, surrogacy is an option for a wide range of people who are unable to carry a pregnancy themselves. This includes:

Heterosexual couples experiencing infertility
Same-sex couples
Single men and single women
People with a medical or social need for surrogacy

Each state and territory has its own laws, but generally, to qualify as an Intended Parent:

You Must:

Be at least 18 years old, 25 in the Northern Territory.
Be an Australian resident or citizen (or meet residency requirements in your state)
Demonstrate a medical or social need for surrogacy (e.g., unable to conceive, carry a pregnancy safely, or lack of uterus)
Be part of an altruistic surrogacy arrangement—commercial surrogacy is illegal throughout Australia
Participate in mandatory counselling and legal processes before the arrangement can go ahead

Most states, like New South Wales, Queensland and Victoria, require that the surrogacy is “pre-approved” through a process involving lawyers and counsellors, and that you apply for a parentage order after the baby is born.

In Victoria, the IP and Surrogate team must seek approval from a Patient Review Panel prior to treatment.

Note that in WA, the current law only permits heterosexual couples to be Intended Parents, and excludes single people and same-sex couples. WA’s laws are under review, with reforms expected to make the process more inclusive.

For Surrogates: Who Can Be a Surrogate in Australia?

Being a surrogate is an incredibly generous and life-changing gift. However, there are legal and emotional readiness criteria you’ll need to meet to ensure the journey is safe and supported for everyone involved.

To Qualify as a Surrogate, You Must:

Be at least 25 years old (some states allow from 18 with additional safeguards)
Be an Australian citizen or permanent resident
Be entering into the arrangement altruistically—you can’t be paid beyond reasonable pregnancy-related expenses
Complete independent legal advice and counselling before agreeing to the arrangement

Most states require that you’ve had at least one prior pregnancy and birth, though this varies. Having given birth before shows that you have a known history with pregnancy and helps you make an informed decision. This is not a requirement in NSW

Surrogates also need to be in good physical and mental health, and have a solid support network. If you have a partner, they will often be required to consent to the arrangement as well.‍