03.06.2025
The Australian Law Reform Commission (ALRC) today released the Issues Paper for its Review of Surrogacy Laws, and called for submissions to the Inquiry. The Issues Paper provides a broad overview of the Inquiry and sets out 27 questions for stakeholders to consider.
ALRC Assistant Commissioner Associate Professor Ronli Sifris, commented on the Issue Paper’s release:
“I am pleased to have published our Issues Paper for the Review of Surrogacy Laws. This is a valuable opportunity to hear from people with personal experience of surrogacy and stakeholders about the direction of the Inquiry. Importantly, the Issues Paper also suggests the principles and approach that should guide our work in this Inquiry. I encourage anyone with an interest, expertise, or experience in surrogacy to read the Issues Paper and make a submission.”
ALRC President the Hon Justice Mordy Bromberg added:
“Surrogacy is an important area for law reform given the lack of consistent laws across Australian states and territories, and because of the growing number of children born via surrogacy, which is increasingly being accessed overseas. Public feedback on the Issues Paper, particularly from those who have experience of surrogacy, is vital to informing our reform thinking.”
The Issues Paper outlines the ALRC’s proposed principles to guide the Inquiry, including: respect and dignity, accessibility, pragmatism, harm minimisation, harmonisation and human rights, with a particular focus on the rights of the child. The Issues Paper asks stakeholders to provide feedback on these principles, as well as issues and topics including:
- Barriers to domestic surrogacy
- Legal parentage of children born through surrogacy
- Citizenship, passports and visas for children born through surrogacy overseas
- Oversight and harmonisation
Submissions are now open in response to the Issues Paper, and the ALRC is inviting individuals and organisations to provide submissions until 11 July 2025.
The ALRC has undertaken thorough initial work and consultations in preparation of this Issues Paper, including considering what is working in overseas jurisdictions and the formation and meeting of an expert Advisory Committee.
The ALRC will publish a Discussion Paper in late 2025, which will invite submissions on options for reform.
Background
The Commonwealth Attorney-General referred the Review of Surrogacy Laws to the ALRC on 6 December 2024.
The Review’s Terms of Reference ask the ALRC to review surrogacy laws, policies and practices, to identify reforms, particularly proposals for uniform or complementary state, territory and Commonwealth laws that are consistent with Australia’s obligations, and protect and promote human rights. The ALRC is also asked to consult widely with relevant stakeholders and the Australian public.
The Inquiry is being led by ALRC President, the Hon Justice Mordecai Bromberg, together with Assistant Commissioner Associate Professor Ronli Sifris and the ALRC Inquiry team. The ALRC is to provide its final report to the Attorney-General 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 Issues Paper (2025)
Terms of Reference of the Review of Surrogacy Laws
