The Surrogacy Journey in Australia: Complete Step-by-Step Guide
Understanding the Surrogacy Journey
The surrogacy journey in Australia is one of the most meaningful, complex, and emotionally
demanding paths to parenthood. It’s also one of the most rewarding.
This guide walks you through every stage of a surrogacy arrangement in Australia, from the
moment you begin considering surrogacy to the day you become your child’s legal parent.
We’ve included realistic timelines, common obstacles, costs, and practical guidance based on
hundreds of Australian surrogacy journeys.
What you’ll learn:
- The complete surrogacy timeline (typically 2-4 years start to finish)
- What happens at each stage and why
- Common problems during the surrogacy process and how to avoid them
- Realistic surrogacy costs at every step
- State-specific requirements
- When to get legal and other professional help
Step 1
Confirm that you are eligible for surrogacy in your State or Territory – you must have a medical or social need. You may also want to explore Surrogacy in Australia to understand how state laws differ.
Step 2
Find a surrogate – Speak to family, friends, join groups, talk, make connections, bravely share your journey. Keep in mind that advertising is illegal in some states.
Step 3
Engage an appropriately qualified psychologist for counselling. Both the surrogate and her partner as well as both intended parents require counselling. Report required.
Step 4
Seek Independent Legal Advice. Two Lawyers are required – one for the surrogate and one for the intended parents. Learn more about Legal Advice on Surrogacy Arrangements, as well as specific support for Intended Parents and Surrogates.
Step 5
Obtain approval from your State surrogacy board (Not required in all states).
Step 6
Baby making time! With or without the assistance of an ART provider depending on whether you are on a gestational or traditional surrogacy journey.
Step 7
Pregnancy and Birth – Team work makes the dream work. Registering the Birth – remembering this needs to happen in the surrogate’s name.
Step 8
In some states post-surrogacy counselling is required. If required, you cannot use the same psychologist used for Step 3! A report is required.
Step 9
The parentage application. Prepare and file the application and supporting documents. Attend the hearing to get orders for change of parentage from surrogate to intended parents. Legal advice is recommended.
Step 10
Lodge the parentage order with Births, Deaths and Marriages and obtain a new birth certificate in the intended parents name – and enjoy!
Overview: The 10 Stages of Surrogacy in Australia
The surrogacy journey involves 10 distinct stages, each with its own requirements, timelines,
and challenges.
| Stage | What Happens | Typical Timeline |
| 1. Eligibility & Decision | Confirm you’re eligible and decide if surrogacy is right for you | 1-6 months |
| 2. Finding a Surrogate | Connect with someone willing to carry for you. See our guide to finding a surrogate | 6 months – 3+ years |
| 3. Medical Assessments | Surrogate and intended parents complete medical screening | 1-3 months |
| 4. Counselling | Mandatory counselling for all parties | 1-2 months |
| 5. Legal Advice & Agreement | Everyone receives independent legal advice; surrogacy agreement signed | 2-3 months |
| 6. State Approvals | Obtain required approvals (VIC, WA, some others) | 1-4 months |
| 7. Fertility Treatment | Embryo creation/transfer or insemination | 3-12+ months |
| 8. Pregnancy & Birth | 40 weeks plus recovery | 9-10 months |
| 9. Post-Birth Counselling | Required in some states | 1 month |
| 10. Parentage Order | Legal transfer of parentage through court. Read more about parentage orders. | 6-10 months |
Total Realistic Timeline: 2-5 years from decision to final parentage order
The longest and most unpredictable stage? Finding a surrogate (Stage 2). This is where most
journeys slow down or stall.
Stage 1: Eligibility & Making the Decision
Are You Eligible for Surrogacy in Australia?
Most Australian states allow surrogacy for:
- Married couples
- De facto couples (including same-sex couples)
- Single people
Key eligibility requirement: You must have a medical or social need for surrogacy, meaning you cannot conceive or carry a pregnancy yourself due to:
- Medical conditions affecting fertility
- Medical conditions making pregnancy dangerous
- Absence of a uterus
- Previous pregnancy complications
- Recurrent pregnancy loss
- Social factors (e.g., single men, male same-sex couples)
Is Surrogacy Right for You?
Before proceeding, consider:
Emotional readiness
- Can you handle uncertainty and a long journey?
- Are you prepared to share this profound experience with your surrogate?
- How will you cope if things don’t go to plan?
Financial capacity
- Total surrogacy costs: $25,000 – $100,000+ (see costs section below)
- Can you afford ongoing attempts if first cycles don’t succeed?
- Do you have a financial buffer for unexpected costs?
Relationship stability
- If you have a partner, is your relationship strong enough for this journey?
- How will you handle the stress together?
- What if you separate during the process?
Support network
- Do you have people who support this decision?
- Can you access emotional support throughout?
- Are you connected with the surrogacy community?
Understanding of the process
- Do you understand the legal requirements in your state?
- There are different rules for surrogacy in Queensland vs surrogacy in NSW, for example
- Are you prepared for the timeline involved?
- Do you know what “altruistic surrogacy” really means?
Timeline for Stage 1: 1-6 months
This stage varies enormously. Some people decide immediately; others take months to research, think, and prepare emotionally and financially.
What to do:
- Research Australian surrogacy laws (particularly your state, e.g. surrogacy in Victoria)
- Read surrogacy stories and join online communities
- Attend surrogacy information sessions
- Speak with a fertility counsellor
- Get initial legal advice about requirements
- Begin saving financially
- Discuss with your partner and close family
Stage 2: Finding a Surrogate
This is the longest and most challenging stage for most Australian families.
How Surrogates Are Found in Australia
In Australia, surrogates are almost always:
- Known surrogates: Friends, family members, or people you meet through surrogacy networks
Why finding a surrogate is difficult:
- Commercial surrogacy matching agencies are illegal or heavily restricted
- Advertising for a surrogate is illegal in most states (VIC, NSW, QLD, ACT)
- Far more intended parents are seeking surrogacy than surrogates are available
- (approximately 120-130 surrogacy births per year in Australia)
- Social and cultural hesitancy about surrogacy remains widespread
Realistic Timeline: 6 months to 3+ years
Some people find a surrogate quickly (within months). This usually happens when:
- A family member or close friend offers
- They already had someone in mind
- A connection forms through networks early on
Most people take 1-3+ years. This is the reality and there’s no way to speed it up artificially.
Strategies for Finding a Surrogate
1. Personal Networks
Start with people you already know:
- Sisters, cousins, close friends
- Raise it in conversations where appropriate
- Be open about your journey with trusted people
2. Surrogacy Support Groups & Networks
Join:
- Australian surrogacy support groups (online and in-person)
- State-based Facebook groups
- Surrogacy conferences and events
How it works:
- Australian surrogacy support groups (online and in-person)
- State-based Facebook groups
- Surrogacy conferences and events
Key groups:
- State-based surrogacy networks
- Local fertility support groups
3. Online Connections (Where Legal)
In states where advertising is legal (SA, WA, Tas, NT):
- You may use online platforms more directly
- You must still follow laws about commercial arrangements
4. Overseas Matching (Then Return to Australia)
Some intended parents:
- Find a surrogate overseas where it is legal
- Return to Australia for treatment
- Navigate cross-border legal complexities
Note: This is complex and requires specialist legal advice about both Australian and overseas law. You can learn more in our guide: Finding a Surrogate.
Red Flags When Finding a Surrogate
- Someone offering surrogacy for payment — commercial surrogacy is illegal in Australia
- Someone you’ve never met offering immediately — genuine surrogacy requires a real relationship
- Someone who hasn’t done research or counselling — they may not understand the commitment
- Pressure to rush — surrogacy requires time for everyone to be certain
What to Do in Stage 2
While searching for a surrogate:
- Join surrogacy networks and attend events
- Share your story appropriately
- Get to know the surrogacy community
- Continue medical and legal education
- Save money for when a surrogate is found
- Work on your emotional resilience
When you connect with a potential surrogate:
- Spend time getting to know each other
- Have open, honest conversations about expectations
- Meet each other’s families and partners
- Discuss values, communication styles, and boundaries
- Don’t rush to treatment — build the relationship first
- Start with no-pressure conversations
Stage 3: Medical Assessments
Once you’ve found a surrogate and you’re ready to move forward, medical screening is essential.
What’s Involved
For the Surrogate:
- General health assessment
- Gynecological examination
- Blood tests (infectious diseases, blood type, hormone levels)
- Pregnancy history review
- BMI and overall fitness assessment
- Mental health screening
- Drug and alcohol screening
For Intended Parents:
- Fertility assessment
- Semen analysis (if using intended father’s sperm)
- Egg reserve testing (if using intended mother’s eggs)
- Genetic screening (if recommended)
- Blood tests (infectious diseases)
- Mental health assessment
For Egg/Sperm Donors (if applicable):
- Full genetic and medical screening
- Infectious disease testing
- Family medical history
Timeline for Stage 3: 1-3 months
Some assessments are quick (blood tests, initial consults). Others take time (waiting for specialist appointments, test results).
Costs for Stage 3
Medical screening costs: $2,000 – $5,000
- Most covered by Medicare for fertility-related consults
- Some tests not covered (genetic screening, etc.)
- Intended parents typically cover the surrogate’s costs as a surrogacy expense
Stage 4: Counselling (Mandatory)
In all Australian states, counselling is mandatory before entering a surrogacy arrangement.
Who Needs Counselling?
- Intended parent(s) — separately and together
- Surrogate
- Surrogate’s partner (if she has one)
Everyone must see a psychologist separately and all must complete a counselling report.
What Counselling Covers
Implications counselling explores:
- Motivations for surrogacy
- Understanding of legal and emotional implications
- Relationship dynamics
- Communication styles and conflict resolution
- What happens if things go wrong
- Long-term implications for all parties
- Impact on existing children (surrogate’s kids, intended parents’ other children)
- Emotional preparation for pregnancy, birth, and handover
- Ongoing contact expectations
Finding an Appropriate Counsellor
Requirements:
- Psychologist with surrogacy experience
- Understanding of Australian surrogacy law
- Independent from fertility clinic (must be a separate counsellor
We can recommend counsellors, or you can contact:
- Australian & New Zealand Infertility Counsellors Association (ANZICA)
- Surrogacy networks, which maintain lists
- Your lawyer, who may be able to recommend counsellors
Timeline for Stage 4: 1-2 months
Depends on:
- Counsellor availability
- Scheduling for all parties
- Distance (some counsellors offer video sessions)
- Complexity of situation
Costs for Stage 4
Counselling costs: $1,500 – $3,000 total
- $300-500 per session typically
- All parties need 2-4 sessions each
- Intended parents pay for everyone’s counselling
- Some sessions may be Medicare rebatable
Stage 5: Legal Advice & Surrogacy Agreement
This stage is legally required before conception in most states.
Independent Legal Advice (Mandatory)
Who needs legal advice:
- Intended parent(s)
- Surrogate
- Surrogate’s partner
Everyone must have separate lawyers. This ensures all interests are protected and consent is fully informed.
What Lawyers Do
For Intended Parents:
- Explain the legal process and requirements in your state
- Draft the surrogacy agreement
- Advise on reasonable expenses
- Explain the parentage order process
- Review documentation
- Ensure compliance with state law
For the Surrogate (and Partner):
- Review the surrogacy agreement
- Explain the surrogate’s rights and legal position
- Advise on expenses and reimbursement
- Ensure the surrogate understands she remains the legal parent until a court order is made
- Confirm consent is voluntary and informed
The Surrogacy Agreement
What it includes:
- Intentions of all parties
- That the surrogate will carry the pregnancy for the intended parents
- That the child will live with and be raised by the intended parents
- Medical decision-making during pregnancy
- Expense reimbursement arrangements
- Communication and involvement expectations
- Birth and post-birth arrangements
- Contingencies (what if there are complications, multiple pregnancy, etc.)
Critical requirements:
- Must be signed before conception or embryo transfer
- All parties must have legal advice first
- Must be altruistic (no payment to the surrogate beyond expenses)
- Must be in writing (in states where required)
Important: A surrogacy agreement is not enforceable like a commercial contract, but it is essential evidence for a parentage order and demonstrates informed consent.
Learn more about surrogacy agreements →Timeline for Stage 5: 2-3 months
- Initial legal consultations: 1-2 weeks
- Agreement drafting: 1-2 weeks
- Surrogate’s lawyer review: 1-2 weeks
- Revisions or negotiations: 1-2 weeks (if needed)
- Final advice and signing: 1 week
Plan ahead — don’t wait until you’re ready for treatment to start the legal process.
Costs for Stage 5
Legal costs: $5,000 – $12,000 total
Breakdown:
- Intended parents’ lawyer (drafting): $2,500-5,000
- Surrogate’s lawyer (reviewing): $1,500-3,500
- Partner’s lawyer (reviewing): $1,000-2,500
- Additional for complex matters: $1,000-2,000
Intended parents pay everyone’s legal costs as a reasonable surrogacy expense.
Stage 6: State-Specific Approvals (If Required)
Some states require additional approvals before treatment.
Victoria — Patient Review Panel Approval
Required for: Gestational surrogacy only (not traditional)
Process:
- Submit application to the Patient Review Panel
- Panel reviews:
- Eligibility of intended parents
- Medical need for surrogacy
- Counselling completion
- Legal advice completion
- Surrogate’s suitability
Timeline: 1-3 months
Cost: Application fee (in the hundreds of dollars)
Western Australia — Reproductive Technology Council Approval
Required for: All surrogacy arrangements
Process:
- Submit a comprehensive application
- Council assesses eligibility and compliance
- Approval required before treatment begins
Timeline: 2-4 months
Other States
Queensland, NSW, ACT, SA, and Tasmania have no separate approval body, but all legal and counselling requirements must still be me. You can learn more on our state pages:
Stage 7: Fertility Treatment & Conception
Finally, after all the preparation: the process of conception begins.
Gestational Surrogacy (IVF)
Most common in Australia.
Process:
- Egg collection (from intended mother or donor)
- Fertilisation with sperm (intended father or donor)
- Embryo culture (3-5 days)
- Embryo transfer into the surrogate’s uterus
- Pregnancy test (10-14 days later)
Success rates:
- Depend on egg quality and age, embryo quality, and the surrogate’s age
- Typically 30-50% per embryo transfer for good quality embryos
- Multiple cycles may be needed
Timeline: Each IVF cycle takes approximately 6-8 weeks. Two to five or more cycles may be required for a successful pregnancy.
Traditional Surrogacy (Home Insemination)
Less common but still legal in all states.
Process:
- Insemination with the intended father’s sperm
- Usually done at home
- Timing based on the surrogate’s ovulation
- Pregnancy test after two weeks
Timeline: Attempts may continue for several months, similar to natural conception.
Note: Fertility clinics generally do not facilitate traditional surrogacy; families manage this
themselves with medical guidance.
Where Treatment Must Occur
Victoria: Gestational surrogacy embryo transfer must occur at a Victorian-registered ART clinic.
Other states: Any licensed fertility clinic is generally acceptable, but confirm requirements in advance.
Costs for Stage 7
IVF costs (gestational surrogacy):
- IVF cycle: $10,000-15,000 per cycle
- Some Medicare rebates available
- Medications: $3,000-5,000 per cycle
- Multiple cycles often needed: $20,000-60,000+ total
Traditional surrogacy costs:
- Minimal (ovulation kits, supplies): $200-500
Timeline for Stage 7: 3-12+ months
- One IVF cycle: 6-8 weeks
- Multiple cycles if needed: 6+ months
- Traditional surrogacy attempts: variable
Emotional reality: This stage involves hope, disappointment, and trying again. Be prepared
emotionally and financially for multiple attempts.
Stage 8: Pregnancy & Birth
Your surrogate is pregnant. Now the 40-week journey begins.
During Pregnancy
What intended parents typically do:
- Attend scans and appointments (as agreed)
- Support the surrogate emotionally and practically
- Reimburse pregnancy-related expenses
- Prepare the nursery and buy baby items
- Build excitement while respecting the surrogate’s experience
- Maintain open communication
What the surrogate does:
- Attends all prenatal appointments
- Takes care of her health
- Keeps intended parents informed
- Makes medical decisions (with consultation as agreed)
- Prepares emotionally for birth and handover
Managing Expenses During Pregnancy
Reasonable expenses continue to be reimbursed, including:
- Medical costs not covered by Medicare or insurance
- Maternity clothing
- Travel to appointments
- Lost income if pregnancy prevents work
- Additional childcare for the surrogate’s children if needed
- Meals during long appointments
- Parking
Record-keeping is essential:
- Keep all receipts
- Document what each expense relates to
- Process payments regularly
- The court will review expenses during the parentage order application
Birth Planning
Discuss and agree on:
- Birth location (hospital, birth centre)
- Who will be present at birth
- The surrogate’s partner’s involvement
- Medical interventions and preferences
- The first moments with the baby
- Feeding arrangements
- How long the surrogate will stay before discharge
- Photos and announcements
Practicalities:
- The hospital needs to know about the surrogacy arrangement
- The baby will initially be registered in the surrogate’s legal name
- Intended parents cannot give medical consent at this stage
- Clear communication with hospital staff is important
After Birth: The First Days
Immediately after birth:
- The baby usually goes home with the intended parents
- The surrogate remains the legal parent
- The surrogate may need to consent to medical decisions initially
- Birth is registered in the surrogate’s name (and partner’s, if applicable)
Support for the surrogate:
- Physical recovery from birth
- Emotional support through handover
- Space and time as needed
- Gratitude and acknowledgment of her gift
Timeline for Stage 8: 40 weeks pregnancy plus recovery
40 weeks of pregnancy plus postpartum recovery.
Costs for Stage 8
Pregnancy and birth costs: $5,000 – $15,000+
Includes:
- Medical costs (specialist appointments, extra scans, birth costs not covered by Medicare)
- Maternity clothing: $500-1,000
- Travel and parking: $500-1,500
- Lost income (if applicable): varies
- Postnatal care related to birth: $1,000-3,000
Stage 9: Post-Birth Counselling (Some States)
Required in: ACT, and recommended in others
Process:
- All parties see a counsellor again after birth
- A different counsellor from the pre-conception counselling
- Explores how everyone is coping
- Addresses any concerns
- Required for the parentage order application where mandated
Timeline: 1 month after birth
Cost: $1,000-2,000 (for all parties)
Stage 10: Parentage Order Application
The final legal step: becoming your child’s legal parent.
What Is a Parentage Order?
A parentage order is a court order that:
- Transfers legal parentage from the surrogate to the intended parents
- Allows the birth certificate to be reissued in your names
- Grants you full legal parental rights
Until a parentage order is granted, the surrogate remains the legal parent.
Timeline for Parentage Order
Application window:
- Earliest: 28-30 days after birth (varies by state)
- Latest: 6 months after birth
Do not miss the 6-month deadline. Late applications may be refused.
The Process
Waiting Period (28-30 days)
Applications cannot be made immediately after birth. The surrogate needs time to recover and confirm her consent.
Surrogate Provides Consent
- The surrogate (and partner) must consent to the parentage order
- Consent must be in writing
- Cannot be given until 28-30 days after birth
- Must be provided after independent legal advice
- Consent is critical — without it, an order cannot be made
Prepare Application:
Your lawyer prepares:
- Court application forms
- Affidavits from all parties
- The surrogacy agreement
- Evidence of legal advice and counselling
- Consent forms
- Birth certificate
- Expense records (if required)
Lodge with Court
The court depends on your state:
- Queensland: Children’s Court
- NSW: Supreme Court
- Victoria: County Court
- Other states: various courts
Court Hearing (Some States)
Some courts require an in-person hearing where:
- The judge asks questions
- Confirms all requirements have been met
- Ensures the surrogate’s consent was voluntary
- Decides if the order is in the child’s best interests
Other courts process applications on documents only.
Order Granted
If the court is satisfied that all requirements are met:
- The parentage order is granted
- Legal parentage transfers to you
- The order is final and cannot be revoked
New Birth Certificate
After the order is granted:
- The original birth certificate is sealed
- A new birth certificate is issued with your names
- Takes 4-8 weeks
- You are now your child’s legal parents
Timeline for Stage 10: 6-10 months
- Waiting period: 1 month
- Preparing application: 1 month
- Court processing: 3-6 months
- Birth certificate: 1-2 months
Total from birth to final order: 6-10 months typically
Costs for Stage 10
Parentage order costs: $4,000 – $10,000
Includes:
- Lawyer preparation: $3,000-8,000
- Court filing fees: $500-1,500
- Birth certificate: $50-200
Total Surrogacy Journey Timeline & Costs
Realistic Timeline: 2-5 Years
| Phase | Timeline |
| Decision & eligibility | 1-6 months |
| Finding a surrogate | 6 months – 3+ years |
| Medical, counselling, legal | 4-8 months |
| Approvals (if required) | 1-4 months |
| Fertility treatment | 3-12+ months |
| Pregnancy | 9 months |
| Parentage order | 6-10 months |
| Total | 2-5+ years |
The single biggest variable is finding a surrogate — by far the longest and most unpredictable
stage.
Total Costs: $25,000 – $100,000+
| Expense Category | Cost Range |
| Medical screening | $2,000-5,000 |
| Counselling | $1,500-3,000 |
| Legal fees | $5,000-12,000 |
| State approvals | $500-2,000 |
| IVF treatment | $20,000-60,000+ |
| Pregnancy expenses | $5,000-15,000 |
| Post-birth counselling | $1,000-2,000 |
| Parentage order | $4,000-10,000 |
| Contingencies | $5,000-10,000 |
| Total | $44,000 – $119,000+ |
Variables affecting cost:
- Number of IVF cycles required (the biggest variable)
- Whether using donor eggs or sperm
- Interstate arrangements (travel costs)
- Surrogate’s pregnancy-related
- Legal complexity
Common Problems on the Surrogacy Journey
1. Finding a Surrogate Takes Longer Than Expected
Reality: This is the biggest challenge. Most people take 1-3 years.
What helps:
- Join surrogacy networks early
- Be active in the community
- Be patient and persistent
- Use the time to save money and prepare
- Consider expanding your geographic search
2. IVF Doesn’t Work on the First Cycle
Reality: Average success rates are 30-50% per cycle. Multiple attempts are common.
What helps:
- Expect this possibility from the start
- Budget for at least 2-4 cycles
- Have emotional support in place
- Work with an experienced fertility specialist
- Consider egg and embryo quality factors
3. Signing the Agreement After Treatment Starts
Problem: Legal requirements are violated if the agreement is not in place before conception.
What to do:
- Never backdate documents
- Disclose to your lawyer immediately
- Courts have discretion in some cases
- It may still be possible to obtain a parentage order
4. Relationship Breakdown (Between Intended Parents or With Surrogate)
Reality: Long journeys put strain on relationships.
What helps:
- Open communication throughout
- Counselling when needed
- Clear boundaries and expectations from the outset
- Legal advice if the situation changes
- The child’s best interests remain paramount
5. Missing the Parentage Order Deadline
Problem: Applications must be made within 6 months in most states.
What to do:
- Set reminders early
- Engage a lawyer well before the deadline
- If missed, apply anyway with an explanation
- Courts may still accept late applications
Resources & Support Along the Journey
Professional Support You’ll Need
- Fertility Specialist — IVF clinic
- Counsellor — Surrogacy-experienced psychologist
- Lawyer — Surrogacy law specialist (separate for each party)
- GP — Ongoing medical care
- Obstetrician — Surrogate’s pregnancy care
Support Networks
Australian organisations:
- State-based surrogacy support groups
- Online surrogacy communities
- Fertility support organisations
Where to connect:
- Facebook groups (state-specific)
- Surrogacy conferences and events
- Fertility clinic support groups
- Online forums
Further Reading
Surrogacy Costs
Finding a Surrogate
Get Support for Your Surrogacy Journey
Whether you’re just starting to consider surrogacy or you’re already on the path, The Family
Village can help.
We provide:
- Surrogacy legal advice and services (all stages)
- Surrogacy agreement drafting
- Parentage order applications
- Education and information sessions
- Support from people who’ve lived this journey
Our team has personal surrogacy experience:
- Katie: Intended parent via surrogacy
- Sally: Surrogate
We understand the journey from both sides.
Book Your Consultation
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The surrogacy journey is long, but you don’t have to navigate it alone.
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