What is surrogacy?
Surrogacy is a fertility arrangement in which a person, known as the surrogate, carries and gives birth to a baby for another person or couple, referred to as the intended parent(s). This option is usually considered when the intended parent cannot carry a pregnancy themselves for medical or physical reasons, and it is also a meaningful pathway to parenthood for same-sex couples and single individuals.
Surrogacy can be a fertility solution for intended parents who need support in carrying a child. Because of its complexities and to safeguard everyone involved - intended parents, surrogate, and child - surrogacy in Australia is governed by strict laws and regulations. For this reason, it is crucial to partner with an experienced fertility clinic like Genea Fertility, who can guide and support you through the fertility process until pregnancy is achieved.
Types of surrogacy (gestational vs altruistic surrogacy)
There are two types of surrogacy in Australia, namely traditional surrogacy and gestational surrogacy. In traditional surrogacy, the surrogate's own egg is used, making her the biological mother. This egg is fertilised with sperm from the intended father or a sperm donor, often via IUI. Gestational surrogacy, on the other hand, uses an embryo created via IVF using the egg and sperm of the intended parents (or donors), which is then implanted into the surrogate. In Australia, this is the most common form of surrogacy.
Is surrogacy legal in Australia?
Yes, it is. However, surrogacy laws in Australia state that all arrangements must be altruistic. In other words, no financial compensation can be given to the surrogate beyond reasonable medical and pregnancy-related expenses. Commercial surrogacy is illegal in Australia to prevent exploitation of women for profit, to ensure this process remains voluntary and ethical, and to protect the welfare of the unborn child, surrogate, and intended parents.
Surrogacy laws & regulations in Australia
Surrogacy in Australia is carefully regulated by state legislation, industry requirements, NH & MRC guidelines, and clinical policies and protocols to protect all parties involved. These laws and regulations vary between states and territories, but there are a few common requirements:
- Only altruistic surrogacy is allowed.
- In most jurisdictions, intended parents need a medical or social need for surrogacy.
- Surrogates need to meet certain age requirements and typically have had a previous successful pregnancy (which vary by state), though Genea may consider applications on a case-by-case basis.
- All parties must receive legal advice and counselling before entering into the arrangement.
- A written legal agreement is needed from two independent lawyers, one for the intended parents and one for the surrogate.
- All intended parents must apply to the court for a Parentage Order to transfer legal parentage from the surrogate to themselves.
State requirements vary significantly: NSW, ACT and QLD require a review process for surrogacy arrangements. Victoria requires Patient Review Panel (PRP) approval. WA and SA require Reproductive Treatment Authority approval. All states require Parentage Orders to be obtained within specific timeframes after birth.
Because of these variations, it is highly recommended to contact your fertility clinic to understand the specific requirements and approval processes that apply to your situation.
The surrogacy process (step by step overview guide)
At Genea Fertility, we understand that the surrogacy process may feel overwhelming. To help you walk this journey with clarity and confidence, we created a step-by-step guide:
- Initial Consultation: Your fertility specialist will discuss with you your medical situation and reasons for considering surrogacy.
- Counselling: Your choice will be discussed with a counsellor to ensure both parties have a clear understanding of expectations and boundaries during the arrangement.
- Legal Rights and Obligations: You will meet with a lawyer to gain a ‘letter of advice’ from all parties outlining each person’s legal rights and requirements.
- Review: Your fertility specialist will decide whether to proceed with the process.
Please note that, due to state-dependent surrogacy laws, this process may vary slightly between our clinics. We recommend reaching out to your local clinic for further information.
Surrogacy success rate: What are the chances of a successful pregnancy?
Surrogacy success rates are influenced by the age and health of the egg and sperm provider, and the experience of the fertility clinic. Genea Fertility offers cutting-edge reproductive technologies and a supportive, inclusive environment designed to achieve the best outcomes. Our success ratio is consistently higher than the national average.
How much does surrogacy cost in Australia?
Surrogacy costs are complex and vary based on individual circumstances, location, and required services. The total expenditure often includes:
- IVF cycles and potential embryo storage and transfers.
- Surrogate’s expenses related to the pregnancy and birth, such as medical and hospital costs, travel and accommodation, lost income, and insurance.
- Fees for independent legal advice.
- Legal fees for Parentage Order application.
Unfortunately, Medicare does not cover any costs associated with surrogacy procedures, including IVF treatments and medical expenses for the surrogate. Some private health insurance companies might cover hospital costs for the surrogate during birth, but it is best to contact your provider for more information.
However, there are a few support services available, such as Surrogacy Australia and Legal Aid, that may be able to assist you with counselling, guidance, and advice.
At Genea Fertility, we offer flexible payment plans for our assisted reproductive services to help you get started. Our expert team is happy to advise you further to ensure you are financially prepared for the journey.
Emotional & psychological considerations in surrogacy
Surrogacy can be a rewarding yet emotionally complex journey for both the intended parents and the surrogate. Surrogates may be challenged to manage their emotional attachment to the baby, cope with the physical and psychological demands of pregnancy, and navigate family or social reactions. Intended parents may feel a loss of control, guilt about not carrying the child, or anxiety over legal and medical uncertainties. Both parties may also experience stress around boundaries, communication, and expectations.
To minimise these challenges, it’s crucial to attend counselling to explore motivations, expectations, and emotional risks associated with the process. Establish clear agreements regarding roles, involvement during pregnancy, and post-birth contact. Surround yourself with supportive and encouraging people, perhaps even join a peer support group. Our Genea Fertility team offers specific support services to help you along your journey.
At Genea, we require the surrogate to have at least one living child and recommend being in an established and ongoing relationship with the intending parents, as surrogacy requires an enormous amount of trust between the parties.
