Review of Surrogacy Laws

The Australian Law Reform Commission (ALRC) has been asked to inquire into surrogacy laws. 

The Terms of Reference for this Inquiry ask the ALRC to conduct a review of Australian surrogacy laws, policies and practices to identify legal and policy reforms, particularly proposals for uniform or complementary state, territory and Commonwealth laws, that:

• are consistent with Australia’s obligations under international law and conventions; and
• protect and promote the human rights of children born as a result of surrogacy arrangements, surrogates and intending parents, noting that the best interests of children are paramount.

In particular, the ALRC is asked to consider:

• how to reduce barriers to domestic altruistic surrogacy arrangements in Australia, including by ensuring surrogates are adequately reimbursed for legal, medical and other expenses incurred as a consequence of the surrogacy;
• how surrogacy arrangements made outside of Australia should be addressed by Australian law;
• what is the appropriate recognition of legal parentage in Australia for children born of surrogacy overseas, and how may citizenship, visa and passport requirements for children born of surrogacy overseas be aligned;
• the information that should be available to children born from surrogacy arrangements, including what information should be included on a child’s birth certificate in order to meet Australia’s human rights obligations under the Convention on the Rights of the Child.

The ALRC has been asked to provide its final report to the Attorney-General by 29 July 2026.

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