Surrogacy Lawyers

We provide comprehensive legal advice to potential surrogates and intended parents, as well as those already part of a surrogacy team. The Family Village was established to offer a supportive environment where both legal and personal questions about surrogacy can be addressed with care and expertise at every stage of the journey. Our surrogacy lawyers offer services covering all aspects of domestic and international surrogacy arrangements, with expertise in the legislative variations governing surrogacy in each Australian state and territory.

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Legal Guidance for Your Surrogacy Journey

Surrogacy offers a unique path to parenthood for individuals and couples who may not be able to have a child on their own. In a surrogacy arrangement, a surrogate mother carries and gives birth to a child for the intended parents, helping them build their family. The surrogacy process in Australia is governed by complex surrogacy laws that vary between states, making it essential for intended parents to seek independent legal advice from a surrogacy lawyer with unique expertise in surrogacy law.

Understanding your rights and responsibilities as part of a surrogacy arrangement is essential when it comes to ensuring a smooth and legally compliant journey. By working with an experienced surrogacy lawyer, intended parents and surrogates can navigate the legal landscape with confidence.

Types of Surrogacy in Australia

There are several types of surrogacy arrangements available to intended parents in Australia, each with its own legal requirements and implications.

Traditional surrogacy involves the surrogate mother being artificially inseminated with the intended father’s sperm, making her the biological mother of the child.

Gestational surrogacy, on the other hand, uses in vitro fertilisation (IVF) to create an embryo from the intended parents’ or donors’ genetic material, which is then implanted into the surrogate mother, who has no genetic link to the child.

All Australian jurisdictions allow altruistic surrogacy. That is, where the surrogate mother only receives reimbursement for reasonable expenses, not payment or profit. However, in Western Australia (WA), altruistic surrogacy is legally permitted only for opposite‑sex couples. Single individuals and same‑sex couples in WA are explicitly excluded from accessing altruistic surrogacy under current legislation.

Commercial surrogacy arrangements, where the surrogate receives compensation, is banned nationwide and carries significant legal consequences.

It is vital for intended parents to understand the differences between these surrogacy arrangements and to ensure they meet all legal requirements before proceeding.

Who we help

Surrogacy arrangements are deeply personal, and no two journeys look the same. We work with intended parents and surrogates across Australia, including:

Single women and single men planning to build a family through surrogacy
Same-sex couples navigating fertility treatment, donor arrangements, and parentage orders
Heterosexual couples experiencing infertility or medical barriers to pregnancy
Families working with a known surrogate, such as a friend or family member
International intended parents seeking to navigate Australian surrogacy laws carefully and lawfully

We understand that surrogacy is not only a legal process, it is a human one. Our role is to provide clarity, protection, and calm guidance at every stage.

How the surrogacy process works

While every surrogacy journey is unique, the legal process generally involves three key stages:

Before pregnancy

This is where legal advice is most critical.

At this stage, we assist with:

Explaining how surrogacy laws apply in your state or territory
Advising on eligibility and compliance requirements
Preparing surrogacy agreements that reflect the intentions of all parties
Coordinating with fertility clinics, counsellors, and other professionals

Early advice helps avoid misunderstandings and protects everyone involved.

During the surrogacy arrangement

Once treatment begins, legal support remains important.

We provide guidance on:

Managing changes in circumstances
Ensuring expenses and reimbursements are handled lawfully
Addressing issues that can arise during pregnancy
Maintaining clarity and communication between parties

Our role is to support stability and reduce stress during what can be an emotionally demanding time.

After birth: parentage orders

Following the birth of the child, legal steps are required to formally recognise the intended parents.

We assist with:

Preparing and lodging parentage order applications
Advising on state-based requirements and timelines
Ensuring the child’s legal status is secure
Guiding families through what to expect at each stage

This step is essential for ensuring legal certainty for your family’s future.

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International Surrogacy Lawyers

Some intended parents explore surrogacy arrangements overseas. While this can sometimes appear more accessible, it raises complex legal and practical issues when returning to Australia.

Independent legal advice is vital, as Australian parentage laws do not automatically recognise overseas surrogacy arrangements, and extra steps are required to secure legal parentage here.

Surrogacy Lawyers and Donor Conception in Surrogacy

Donor conception is often an important part of surrogacy, particularly when intended parents need donor sperm, eggs, or embryos to grow their family. In these situations, a donor agreement helps clarify the donor’s role and protect everyone involved.

Sometimes, the surrogate may also be the donor – this is traditional surrogacy as mentioned above. While this has unique legal considerations, the key point is that clear agreements and independent legal advice are essential to ensure that all parties understand their rights and responsibilities. This guidance also supports the process of obtaining a parentage order after the child’s birth.

Navigate Complex Surrogacy Laws with Confidence

Our services cover all aspects of domestic and international surrogacy arrangements, and we can assist clients in navigating the complexities of both local and cross-border surrogacy processes.

Australia’s surrogacy laws vary dramatically between states, with strict legal requirements that can make or break your path to parenthood. Our experienced surrogacy lawyers provide caring legal support, ensuring compliance with all relevant laws and regulations, and securing your parental rights. We guide clients through the legal processes involving the family court and supreme court, including obtaining a parenting order to establish the intended parent as the child’s legal parent after the child’s birth.

Informed consent from all parties, including the birth mother, is essential before proceeding with any surrogacy arrangement.

We are experienced in handling children and family law matters, and can answer questions about eligibility, such as whether a surrogate must have their own children.

Surrogacy laws vary across Australia

Surrogacy laws are not uniform across Australia. Each state and territory has its own legislation governing matters such as:

Eligibility to enter into surrogacy arrangements
What expenses may be reimbursed
Counselling and approval requirements
The process for obtaining parentage orders

What is permitted in one state may not be permitted in another.

Because of this, surrogacy arrangements should always be approached with advice tailored to the relevant jurisdiction. See our guide to surrogacy in Victoria, for example. We work with families across all Australian states and territories and provide guidance that reflects the specific legal framework that applies to your location and circumstances.

Clear, fixed-fee surrogacy advice

We understand that families planning surrogacy already face significant emotional and financial commitments. Where possible, we offer fixed-fee legal services, so you know what to expect and can plan with confidence.

Our focus is on:

Transparency
Clear scope of work
No surprises

We will explain what is included, what additional steps may be required, and how costs are structured, so you can make informed decisions from the outset.

Why Choose Our Surrogacy Legal Services?

Nationwide Expertise

As leading surrogacy lawyers we offer knowledge of surrogacy laws across all states of Australia.

Compliance Protection

With our experience as fertility and family creation lawyers, we help you avoid criminal penalties and ensure your parentage orders are legally obtained.

End-to-End Legal Support

We assist clients in obtaining parenting and parentage orders through the Family Court and relevant state courts across Australia. From surrogacy agreements to final court orders, we handle every legal aspect of your surrogacy journey.

How it Works

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Initial Legal Assessment

Comprehensive review of your circumstances, including the relevant medical procedures involved in surrogacy, and independent legal advice on the surrogacy process

Agreement & Compliance

Drafting of surrogacy agreements, emphasising the importance of a comprehensive legal agreement and ensuring informed consent from all parties. All parties receive independent legal advice and meet legal requirements

Parentage Order Success

Secure court-approved parentage or parenting orders through the family court or relevant state based Court after the child is born via surrogacy, to establish you as the child’s legal parents.

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Frequently asked questions about surrogacy

Is surrogacy legal in Australia? 

Yes, altruistic surrogacy is legal in Australia, but it is regulated differently in each state and territory.

Can surrogates be paid in Australia?

Commercial surrogacy is prohibited. Surrogates may be reimbursed for reasonable out-of-pocket expenses, though what is considered reasonable is not always clear.

Do we need a surrogacy agreement before treatment begins? 

Yes. Legal advice and documentation should be obtained before treatment starts to ensure compliance and clarity.

What happens if the surrogate changes her mind?

Surrogacy arrangements involve complex legal and emotional considerations. Clear agreements and counselling are critical, but legal advice is essential to understand risks.

How long does the parentage order process take?

Time frames vary by state and individual circumstances. We can explain what to expect in your jurisdiction.

Can we use a known surrogate, such as a friend or relative?

Yes, but known-surrogate arrangements require careful legal and counselling steps.

What if we live in a different state from our surrogate?

Interstate arrangements are possible but require specific legal advice due to differing state laws.

Is international surrogacy legal?

International surrogacy raises additional legal and ethical issues. Advice should be sought early.

When should we speak to a surrogacy lawyer?

Ideally before any treatment or arrangements are made.

Can you work with our fertility clinic?

Yes. We regularly liaise with clinics and other professionals involved in the surrogacy process.

Speaking with a surrogacy lawyer

If you are considering surrogacy, or are already part-way through the process, clear legal guidance can provide reassurance and protect everyone involved.

We are happy to discuss your circumstances and explain how the law applies to your situation.

Get Legal Protection for Surrogacy

Don’t risk your surrogacy journey with inadequate legal support. Our surrogacy lawyers ensure compliance and protect your path to parenthood with care and expertise.

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