International Surrogacy Laws in Australia

The legal aspects of international surrogacy in Australia can be quite complex process- mainly because relevant legislation will vary according to the individual territory or state in which the IPs (intended parents) reside.

Surrogacy Laws Internationally For Australians

Our International Surrogacy Arrangements

Here, the team at Global Surrogacy gives an overview of Australian law regarding the arrangement of an overseas surrogacy agreement when Australian citizens are involved.

Different Surrogacy Laws for Different Territories in Australia

Often, inconsistencies between the law of one state and another boil down to the legality of commercial surrogacy vs altruistic surrogacy.

The term “commercial surrogacy” refers to an arrangement whereby the surrogate mother is paid for her time and services. In “altruistic” surrogacy, the surrogate sees no remuneration, except perhaps for any medical bills accrued.

It is illegal for residents of the Australian Capital Territory, New South Wales and Queensland to enter into any arrangement involving overseas commercial surrogacy. In doing so, IPs run the risk of prosecution and a potential prison sentence when they return.

Involvement in commercial surrogacy or international surrogacy laws Australia is considered a criminal act in all parts of Australia, with the exception of Northern Territory. Generally, altruistic surrogacy is accepted – but it is important to check with local authorities before entering into any contract of this kind.

The motivation to criminalise commercial surrogacy stems chiefly from the intention to uphold the human rights of surrogate mothers and to prevent ethically unscrupulous parties from manipulating vulnerable individuals and making a profit from the system.


A brief outline of the step-by-step process of surrogacy is as follows:

IPs complete a profile and bio and undertake blood tests and sperm analysis (as applicable)

IPs provide identity documents and a Police check

IPs sign agreement with Global Surrogacy;

IPs obtain a medical letter setting out their medical indications for surrogacy;

IPs obtain ORIGINAL marriage, birth and change of name certificates;

IPs pay the first instalment in accordance with the Global Surrogacy invoice;

IPs are offered a surrogate mother;

Under our direction IPs will be assigned a Greek lawyer to prepare surrogacy agreement and court documents;

IPs travel to Greece to execute the surrogacy agreement, undergo testing and assessment by the clinic and commence the court application

IPs will meet all relevant clinic staff and provide their instructions on embryo transfer to the clinic

IPs provide gametes or embryos if applicable

We Provide Surrogate Services Internationally

Do Your Research About Australian International Surrogacy Laws

If you are planning to use an overseas surrogate to grow your family, it is vital that you check all legal implications – in both your home state and the territory in which the process is to take place – before you commit.

It’s important to ask the following questions:

What is the legal standpoint of each location when it comes to commercial surrogacy vs altruistic surrogacy?

Are you correctly adhering to the relevant legislation on the subject both here and there?
Is the organisation you are planning to use ethically sound?

Of course, the Global Surrogacy team will always be on hand to advise you regarding the process and to help you determine the best course of action.

The Paperwork

You will probably need to look into passports, visas, citizenship documentation and a range of other paperwork before you are allowed to travel overseas to collect your child, or when bringing your child home.

Some countries that may include surrogacy in Russia & surrogacy in Ukraine require a “medical tourism” visa for IPs pursuing international surrogacy. When your child is brought back to Australia, they will need their own passport. If you don’t have an Australian passport for them, they will need a visa too.

You’ll also need to check with the relevant overseas authorities regarding whether or not your child will need an exit visa when leaving their country of birth.

Again, Global Surrogacy will assist and advise you regarding all legal paperwork and travel documents.

Further Information About International Surrogacy Laws in Australia

If you need to find out more about the legal processes, requirements and documentation relevant to your place of residence or the country in which your surrogacy process will be undertaken, please contact the specialists at Global Surrogacy today.

We will guide you and advise you transparently and supportively, making sure you have all of the information you require.


All consultancy fees
Donor and Surrogacy agency fees
IVF including ICSI and unlimited embryo transfers
Donor compensation (Payable after retrieval)
Donor stimulation medication
Surrogate mother medical exams
Surrogate mother medication for preparation and standard infections
Surrogacy contract and legal fees for Court application
Surrogate mother transportation and accommodation fees
Surrogate compensation
Support medication after embryo transfer for surrogate
Pregnancy test
Review of surrogate application/medical records
Prenatal vitamins
All medical and hospital expenses in the public hospital system
Regular medical visits and tests during pregnancy
Standard prenatal screenings
Surrogate transportation for embryo transfer
Surrogate transportation costs for pre-natal checks and routine medical checks
Fully screened surrogate
Psychologist visits for surrogate during pregnancy
Airport transfers for IPs on arrival for birth
Complications arising for the surrogate during delivery or pregnancy
Medical and hospital costs for delivery
Post birth care of surrogate by doctor and clinic
Surrogate transportation home
Issue of registered birth certificate
Notary and apostile fees for standard documents
Fees for citizenship and passport applications;

Our payment schedule sets out the instalments you will pay us over the duration of your journey. All fees are paid directly to Global Surrogacy. Our payment schedule’s features are as follows:


Identifies milestones and payments on a monthly basis.


Identifies the cost of additional services and contingencies.


Offers Packages for greater certainty of the total costs.


Is payable in Euros or US dollars.

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Creating Happy Stories Globally

Read what some of our clients have had to say about our programs and the support we provide.

Ed and Jess

Global Surrogacy enabled us to achieve our dreams by helping us bring our babies home. We had twins born through surrogacy in America and Global Surrogacy explained everything we needed to do and helped us every step of the way. They were always contactable and went out of their way to make it happen as smoothly as possible.

Andry and Kenny

Global Surrogacy is great. Very friendly and very helpful. Will always recommend them to others definitely. They will get back to your email immediately once they see it and they always follow up with you to make sure everything is sorted.

Josh and Paul

We contacted Global Surrogacy after learning of potentially difficult circumstances beginning to present themselves legally in our self-managed surrogacy program.

From the moment they agreed to partner with us on our journey, Global Surrogacy was a constant source of comfort and reassurance for us.


Global Surrogacy provides the right and timely advice you need in your surrogacy journey.Their role in reviewing all the legal contracts, advising the regulatory compliance is pivotal and is a safeguard of your successful surrogacy journey.

Mr and Mrs D

Global Surrogacy's experience, skill and knowledge in the highly complicated area of International Commercial Surrogacy, not only helped us to complete our required paperwork, it made our whole experience so much more relaxed. We felt secure knowing that we had a professional to assist us with every step required for the legalities in our state.

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