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Surrogacy in Australia: what GPs need to know

Surrogacy is becoming an increasingly visible path to parenthood in Australia. Driven by shifting social attitudes, a growing acceptance of diverse family structures, later-in-life family planning, and a significant decline in adoption rates, more patients than ever are raising surrogacy in the GP consultation room. For many practitioners, it remains a topic that sits at the intersection of medicine, law, and deeply personal decision-making - and one that can feel difficult to navigate without specialist guidance.

In this episode of Fertility in General Practice, Dr Myvanwy McIlveen - Medical Director at Genea Newcastle and one of Australia's most experienced fertility specialists - joins host Dr Ali Hodgkinson to unpack the emotional, physical and legal dimensions of surrogacy. It is a conversation designed to give GPs the grounding they need to support patients considering this path, and to know when and how to refer.

Why surrogacy is rising in Australia

Australia permits only altruistic surrogacy - meaning surrogates cannot be paid beyond reasonable expenses. Commercial surrogacy, where the surrogate receives financial compensation, is illegal for Australian residents regardless of where it takes place overseas. This distinction matters for GPs, as patients who have pursued or are considering international commercial surrogacy arrangements may present with complex legal, medical, and ethical questions that require careful, non-judgmental guidance.

Within the altruistic surrogacy framework, the reasons patients pursue surrogacy are varied. They include patients who have experienced recurrent pregnancy loss, those with uterine conditions that make carrying a pregnancy unsafe or impossible, same-sex male couples, and single men who wish to become parents. Understanding the patient's specific circumstances - and the legislation in their state - is a useful starting point before a specialist referral.

Gestational vs traditional surrogacy

There are two forms of surrogacy practised in Australia, and the distinction is clinically relevant.

In traditional surrogacy, the surrogate's own egg is used, making her the biological mother of the child. The egg is fertilised with sperm from the intended father or a sperm donor, typically via intrauterine insemination (IUI). This form is now rarely used in Australia given the significant legal and emotional complexities it introduces.

In Gestational surrogacy, the most common form in Australia - uses an embryo created via IVF from the eggs and sperm of the intended parents or donors. The embryo is then transferred to the surrogate, who has no genetic connection to the child. For GPs, most patients exploring surrogacy will be asking about gestational arrangements.

Listen to the episode

Dr Myvanwy McIlveen brings two decades of clinical experience and a genuine passion for surrogacy care to this conversation. Whether your patients are in the early stages of curiosity or are ready to take the next step, this episode gives GPs the clinical and practical context to support them well.

About Dr Myvanwy McIlveen

Dr Myvanwy McIlveen brings a depth of experience to this conversation that is difficult to match. She has been part of the Genea team for 20 years and is the Medical Director of Genea Newcastle - a role that reflects both her clinical leadership and her long-standing commitment to fertility care outside the Sydney metropolitan area. She holds the Certificate in Reproductive Endocrinology and Infertility (CREI), the highest subspecialist qualification in fertility medicine in Australia, and a Master of Human Reproduction and Genetics from the University of Sheffield.

In 2024, she was named Fertility Specialist of the Year at the Australian Surrogacy and Donor Awards - a recognition of her particular expertise and dedication in this area.

Myvanwy completed her medical degree at the University of Newcastle and her obstetrics and gynaecology training at the John Hunter Hospital, before spending four years training in Sydney and in England. She returned to Newcastle in 2005 and has built a practice that serves patients across Newcastle, the Hunter Valley, the Central Coast, and regional NSW.

She is an active member of the Fertility Society of Australia, the American Society of Reproductive Medicine, and the European Society for Human Reproduction and Embryology, and serves as an examiner for the Australian College of Obstetricians and Gynaecologists. Her research background includes work on anti-Müllerian hormone (AMH) and ovarian reserve testing - an area directly relevant to the assessment of intended mothers and donors in surrogacy arrangements.

Dr Myvanwy Mcllveen
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