Australian Law Reform Commission to commence new Inquiry into surrogacy laws

The Australian Law Reform Commission (ALRC) has received Terms of Reference from Commonwealth Attorney-General the Hon Mark Dreyfus KC MP to review Australian surrogacy laws, policies and practices. 

The Terms of Reference direct the ALRC to identify 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 further 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. 

ALRC President the Hon Justice Mordecai Bromberg has welcomed the referral of the new Inquiry: 

“The ALRC is pleased to be asked to review this important and complex area of law. Surrogacy in Australia brings together issues of law, medicine, technology, ethics and human rights, and a review of surrogacy laws requires sensitivity, nuance and expertise.  

“The ALRC has a strong track record undertaking detailed and comprehensive reviews, and conducting extensive consultation with the community, people with lived experience and experts in the field. We look forward to providing the Attorney-General with evidence-based recommendations for reform.” 

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

Links 

Review of Surrogacy Laws on ALRC website: https://www.alrc.gov.au/inquiry/review-of-surrogacy-laws/ 

Full Terms of Reference: https://www.alrc.gov.au/inquiry/review-of-surrogacy-laws/terms-of-reference 

Further information about the ALRC, its work and leadership: https://www.alrc.gov.au/about/ 

ENDS 

For more information contact: 

Jez Hunghanfoo 
Director of Communications and Engagement 
P: 0436 940 119 
E: comms@alrc.gov.au 
W: www.alrc.gov.au