12.11.2025
The Australian Law Reform Commission (ALRC) today released its Discussion Paper in its Review of Surrogacy Laws. The Discussion Paper sets out proposed reforms of surrogacy laws for feedback and also asks a number of questions. Organisations and individuals with an interest in the review are invited to provide submissions until 19 December 2025.
ALRC President the Hon Justice Mordy Bromberg said:
“Regulated surrogacy is an accepted practice in every Australian jurisdiction. Our ideas for reform seek to improve regulation of surrogacy in Australia so that our laws better realise the underlying policy intent – avoiding exploitation and promoting the best interests of the child. ALRC Inquiries are underpinned by extensive research, stakeholder consultations and engagement with experts, and we want to hear from as many people as possible in relation to our proposals. I encourage all those with an interest to make a submission.”
Assistant Commissioner for the Inquiry, Associate Professor Ronli Sifris, added:
“The ideas for reform in the Discussion Paper are informed by our research, consultations, analysis and the submissions we have received to date. It contains options for reform aimed at better supporting the formation of families, protecting the rights of children, preventing exploitation, and ensuring all parties to surrogacy are treated fairly. I encourage individuals to read the Discussion Paper, consider the proposed reforms and tell us what they think as we prepare recommendations for our Final Report.”
Surrogacy is a practice in which a person carries and gives birth to a child for another person or couple. While surrogacy laws exist in all Australian states and territories, they vary across jurisdictions, creating complexity and challenges in effectively regulating surrogacy. These challenges create a surrogacy landscape in Australia that is confusing and difficult to navigate, with constraints on access that cause many to travel overseas for surrogacy.
The ALRC’s Discussion Paper contains 41 proposals for reforms, along with 24 questions seeking feedback on how proposed reforms could work. Proposals include:
- Creating a nationally consistent legal and regulatory framework for surrogacy, with oversight by a national regulator
- Safeguards that must be complied with before a surrogacy arrangement begins
- Financial and other support
- Appropriate domestic pathways to legal parentage
- For overseas surrogacy arrangements, if intended parents have gone through certain steps to register the arrangement, they can access a streamlined process for the child to obtain citizenship and passport documents.
- Information about the surrogacy arrangement available as an addendum to the birth certificate and via a surrogacy register.
Background
The Commonwealth Attorney-General referred the Review of Surrogacy Laws to the ALRC in December 2024. The Inquiry’s Terms of Reference request the ALRC to make law reform proposals 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.
The Review of Surrogacy Laws is being led by ALRC President, the Hon Justice Mordy Bromberg, along with Assistant Commissioner Associate Professor Ronli Sifris. The ALRC is to provide its final report to the Government by 29 July 2026.
Learn more about the review at https://www.alrc.gov.au/inquiry/review-of-surrogacy-laws/
Links
Review of Surrogacy Laws Discussion Paper (2025)
Review of Surrogacy Laws Issues Paper (2025)
ENDS
For more information contact:
Jez Hunghanfoo
Director of Communications and Engagement
P: 03 9959 5313
E: comms@alrc.gov.au
W: www.alrc.gov.au
