For some Australians, building a family through local altruistic surrogacy can be a long, uncertain road — especially if a surrogate isn’t readily available, or if they’ve experienced setbacks with IVF or matching. As a result, some intended parents explore international surrogacy arrangements as an alternative path to parenthood.

But before you start looking overseas, it’s important to understand that international surrogacy is complex, both legally and emotionally. What might seem like a more “efficient” option at first glance often involves higher costs, uncertain legal outcomes, and deeply personal ethical questions.

Here’s what Australians need to consider before pursuing surrogacy abroad.

The answer depends on where you live.

  • In most Australian states, it’s not illegal to enter into an overseas surrogacy arrangement. However, commercial surrogacy — where the surrogate is paid beyond reasonable expenses — is illegal to enter into from Australia if you live in New South Wales, Queensland, or the ACT.
  • That means if you’re a resident of one of these jurisdictions, you could face criminal penalties for engaging in a commercial surrogacy arrangement overseas — even if the practice is legal in the country where it takes place.

It’s essential to get legal advice before starting any overseas process to understand your obligations and risks under Australian law.

2. Commercial vs altruistic surrogacy overseas

In Australia, surrogacy must be altruistic — meaning the surrogate is not paid beyond reasonable medical and pregnancy-related costs.

In contrast, many international programs (such as those in the United States, Ukraine, or Colombia) offer commercial surrogacy, where the surrogate is paid a fee in addition to medical expenses. While this is legal in those countries, it may conflict with Australian ethics, expectations, and laws, particularly in states where entering into commercial arrangements is restricted.

3. Costs: More than just the clinic fees

International surrogacy is typically significantly more expensive than local arrangements. Intended parents may face costs related to:

  • Agency fees
  • Medical treatment and IVF
  • Surrogate compensation
  • Travel and accommodation
  • Visa and citizenship applications for the child
  • Legal representation in both countries
  • Emergency care or complications

It’s not uncommon for international surrogacy to cost $100,000–$200,000 AUD or more, depending on the country and circumstances. And unlike in Australia, some costs can be unpredictable or rise quickly if complications arise.

One of the most challenging parts of international surrogacy is the process of bringing your child back to Australia.

You’ll likely need to apply for:

  • Australian citizenship by descent for the baby
  • A passport or travel document
  • A parentage order once you’re back in Australia, depending on your state’s laws

It can be emotionally difficult if there’s a long delay before you’re allowed to return home with your child. In some cases, families have had to remain overseas for several months while waiting for documentation.

Some countries may also have very different laws about parental rights, custody, or medical consent. In the worst-case scenario, children can be left stateless or unparented if legal steps aren’t followed correctly.

5. Ethical and emotional considerations

International surrogacy raises important questions around:

  • The rights and protections of the surrogate in the other country
  • Informed consent and medical standards
  • Whether the arrangement reflects true choice or economic pressure
  • How you’ll talk about the journey with your child as they grow up

It’s easy to focus on outcomes when you desperately want a child — but how that child comes into the world matters too. Transparency, respect, and long-term thinking are essential.

Final thoughts

International surrogacy is a significant undertaking. It may offer a shorter path to parenthood, but it comes with legal, ethical, and emotional complexity — often more than intended parents expect at first.

If you’re considering this route, start with good legal advice, speak to others who’ve taken the same path, and take time to understand both the risks and responsibilities.