Clear guidance for families during a period of legal review
Australia’s surrogacy laws are currently under review, with particular attention being given to how surrogacy expenses and compensation are regulated.
For many intended parents and surrogates, increased media coverage has raised understandable questions, especially about whether the law is changing and what this means for families planning or undertaking surrogacy.
This page explains:
- What the Australian Law Reform Commission (ALRC) review involves
- What the law currently requires
- What families should be mindful of while the review is underway
It is intended to provide clear, practical guidance at a time when headlines may not always reflect the legal reality.
What the ALRC Is Reviewing
The ALRC is examining whether Australia’s existing surrogacy framework remains appropriate and effective, including how the law approaches surrogacy expenses and compensation.
In particular, the review is considering:
- How “reasonable expenses” are defined and managed
- Whether the current prohibition on commercial surrogacy achieves its intended aims
- Whether existing laws adequately protect surrogates, children, and intended parents
- The broader consequences of Australia’s approach, including overseas surrogacy arrangements
The review reflects the fact that family creation pathways have evolved significantly, while the law has often struggled to keep pace with lived experience.
What the Law Currently Requires
At present:
- Commercial surrogacy remains prohibited across Australia
- Surrogates may be reimbursed for reasonable out-of-pocket expenses
- What constitutes “reasonable expenses” is not clearly or consistently defined
- Surrogacy laws vary between states and territories
In practice, this can create uncertainty – particularly in relation to matters such as:
- Loss of income
- Insurance and medical expenses
- Counselling and support costs
- The long-term financial impact on surrogates
This lack of clarity is one of the key issues being examined as part of the review.
What Is Being Discussed
Public discussion around surrogacy compensation can sometimes oversimplify what is, in reality, a complex legal and ethical issue.
The ALRC review is considering questions such as:
- Whether clearer regulation could improve protections for surrogates
- Whether the current framework unintentionally encourages overseas surrogacy
- How to balance safeguards with practical realities for families
- How any reform might affect parentage orders and legal recognition of families
These questions do not have simple answers, and any reform must be approached carefully to avoid unintended consequences.
Our Contribution to the Review
We have made two formal submissions to the ALRC as part of this review.
Our submissions draw on:
- Specialist legal practice in fertility and family creation law
- Long-standing work with intended parents and surrogates
- Lived experience of how surrogacy laws operate in real family journeys
Our focus has been on:
- The wellbeing and autonomy of surrogates
- Legal clarity and protection for families
- Ensuring reforms do not inadvertently increase risk
- Supporting outcomes that are ethical, workable, and child-focused
Law reform in this area requires careful consideration of both legal principles and lived experience.
What Families Should Be Aware of Right Now
It is important to note that:
- The law has not changed
- Existing prohibitions on commercial surrogacy remain in place
- Media commentary does not alter current legal requirements
For families considering surrogacy – or already part-way through the process – it is particularly important not to rely on assumptions or headlines when making decisions.
Periods of legal review can increase uncertainty, and tailored legal advice is often more important, not less, during these times.
When Legal Advice Is Especially Important
We recommend seeking advice if:
- You are unsure what expenses may be reimbursed
- Your arrangement involves a known surrogate
- Your surrogacy journey crosses state borders
- You are concerned about how potential reform may affect your plans
Clear advice at the outset can help avoid significant emotional, legal, and financial difficulties later.
Speaking With a Surrogacy Lawyer
If you would like guidance on how the current law applies to your circumstances or how the review may be relevant to your plans, we can help you understand your options and obligations with clarity and care. Learn more about our surrogacy lawyer services and how we can help.
During periods of reform, informed advice provides reassurance and protects everyone involved.
