Laws
Surrogacy law is State based law - this means each State has different laws. The laws that apply are those where the Intended Parents reside.
Sarah Jefford is a surrogacy lawyer in Victoria and has produced a summary of Australian Laws and a Law Handbook.
Generally, the legislation in each State requires the team to undergo counselling (and, in some States, psychological assessment), receive independent legal advice and have a written legal Agreement.
Australian Capital Territory - Parentage Act 2004
Surrogates must be minimum 18 years of age
Traditional surrogacy is not legal
New South Wales - Surrogacy Act 2010 No. 102
Surrogates must be minimum 25 years of age
Northern Territory - Surrogacy Act 2022
Surrogates must be minimum 25 years of age
Parties must be Australian citizens or permanent residents
Queensland - Surrogacy Act 2010
Surrogates must be minimum 25 years of age
South Australia - Surrogacy Act 2019
Surrogates must be minimum 25 years of age
Parties must be Australian citizens or permanent residents
Criminal history reports must be exchanged between the parties
Tasmania - Surrogacy Act 2012
Surrogates must be minimum 25 years of age
Surrogate must have given birth to a live child previously
Surrogate must be a resident of Tasmania
Victoria - Assisted Reproductive Treatment Act 2008 & Status of Children Act 1974
Surrogates must be minimum 25 years of age
Must be approved by the Patient Review Panel
Western Australia - Surrogacy Act 2008
Surrogates must be minimum 25 years of age
Gay couples not eligible