Surrogacy in Australia | Fertilityworld

Surrogacy in Australia is excellent. The arrangements are elaborated in terms of legal framework; the guide to smooth surrogacy procedure is enriched with qualified and experienced professionals of the Fertilityworld team. The legal issues, human rights considerations, transparency, and flexibility associated with the surrogacy process in Australia have a legal insight. 

Surrogacy legislation: Surrogacy Australia statistics 

Each Australian state has its own surrogacy legislation—the eligibility to access the surrogacy program—and some states have different rules for same-sex couples or single men. While surrogacy is legal, specific regulations and access vary by state, particularly regarding IVF and access for single men and same-sex couples. 

  • 2004: The altruistic surrogacy has made it legal for its citizens as well as international parents.
  • 2006: The use of egg donation and gestational surrogacy by Senator Stephen Conroy and his wife, Paula Benson, got their names registered in the birth certificate as the legal parents; they don’t have to adopt and register anymore. 
  • 2009: Western Australia legalized only altruistic surrogacy for heterosexual couples. It prohibited single people and same-sex couples. 
  • 2010: Queensland made only altruistic surrogacy, as did New South Wales, and Tasmania did the same in 2013 with the Surrogacy Act No. 34 and the Surrogacy (Consequential Amendments) Act No. 31.
  • 2017: South Australia passed a bill to allow gay couples equal access to both surrogacy and IVF. The bill received royal assent on 15 March 2017 and went into effect on 21 March 2017.
  • 2022: The Northern Territory also legalized altruistic surrogacy.

The above pointers determine the variations and amendments of surrogacy regulation, according to each state, which is prevalent in Australia. Let’s examine the most pervasive surrogacy laws in each state below:

Surrogacy legislation for its citizens

  • All the states and territories permit altruistic surrogacy.
  • A surrogate is reimbursed only for reasonable expenses.
  • The use of a surrogate egg as a donation is illegal. 
  • Commercial surrogacy is not allowed.
  • Psychological counseling and legal advice are necessary. 
  • All parties—intended parents and the surrogate—should be Australian citizens.

Surrogacy Legislation for International Patients

  • For everyone, commercial surrogacy is prohibited; only altruistic arrangements are permitted.
  • The legal framework of intended parents and surrogates 
  • Fertilityworld navigates foreign laws, particularly concerning the citizenship and parentage of the child.

Eligibility terms: Who Can Do Surrogacy in Australia? 

If you’re intending parents seeking surrogacy in Australia. Anyone who meets state- and territory-specific legal requirements is eligible, including heterosexual, straight, and LGBTQ couples. Here are the eligibility criteria for undergoing a legal surrogacy program:

Requirements for intended parents

  • Above the age of 18 up to 55 years for women and 65 years for men. 
  • They meet the legal requirements of their specific state or territory. 
  • Must have a valid medical certification for needing surrogacy or being unable to conceive. 

Requirements for the surrogate

  • She is between 25 and 35 years old.
  • She has given birth to at least one child before.
  • She is reproductively healthy.
  • She must not donate her egg to intended parents.
  • She is a resident of an Australian state or certified.

What type of surrogacy is practiced in Australia?

Today, the only type of surrogacy in Australia is altruistic and gestational. Under this prevalent surrogacy practice, the surrogate mom, a relative of the intending parents, carries a child for them. The surrogate is not compensated (non-commercial) and is paid for her medical and other expenses involved during the surrogacy procedure. 

Australia’s Surrogacy Procedures: Apply advanced technology 

Australia’s surrogacy procedure is comparatively similar across the world. The only difference is that the standards are influenced by advanced assisted reproductive technology applications. A clinic with superior fertility technology gives average success rates to all types of intending parents—those below 35 years, older than 35, or with severe medical conditions. Quality services for surrogacy in Australia are offered by Fertilityworld. A common process and surrogacy procedure include:

  • Legalization of the surrogacy program, 
  • Matching of the surrogate with the intended parents,
  • Matching of the donor egg (if required by special conditions),
  • Full IVF procedure (stimulation to fertilization in the laboratory),
  • The transfer of an embryo into the surrogate womb.
  • Parentage orders and the rights of the child are formalized.

What is the success rate of surrogacy in Australia? 

Surrogacy Australia Statistics have calculated the top success rate of surrogacy in Australia at 75% to 95%. This estimated success rate is obtained from the Fertilityworld centre considering self-cycle and donor-cycle surrogacy. Surrogacy success rates are interdependent on parameters such as the age of the egg, the quality of embryos transferred, and the health of the surrogate. It is important to note that, while many arrangements are altruistic, the success rates for specific medical conditions may be higher or lower and achieved with higher medical attention.  

Treatment Type Success Rate (per cycle)
Surrogacy using own eggs (age below 35) 45%–75% 
Surrogacy with donor eggs 75%–95% 
Frozen Embryo Transfer (FET)  50%–70%

Finding a Surrogate in Australia: Top Surrogate Database

As per the regulation, partially, the surrogates should come from the relations of the intended parents. Finding a surrogate can be challenging. Many parents find it difficult to source their related surrogate, but there are resources available that help them—surrogate databases. They take help and apply to the surrogate database. In Australia, Fertilityworld has a certified database that helps parents who are unable to arrange their surrogates. The surrogate is prescreened, between 21 and 35 years old, and certified healthy. The expenditure cost of the surrogate is reasonable and effective. Once the surrogacy procedure begins, the surrogates’ and the intended parents’ bonding ultimately becomes stronger and even goes beyond the successful procedure. 

Donor Egg Surrogacy Programs in Australia 

The use of donor eggs is a prominent part of surrogacy in Australia, especially by intended parents and gay couples who can’t produce their own eggs due to medical reasons or other consequences. Donor egg surrogacy in Australia offers a medically sound and legally supported way to get pregnant, whether you’re a gay couple, a single man, or a woman with fertility challenges. There is less domestic egg donation in Australia, and most donor eggs come from internationally accredited banks such as Fertilityworld. This ensures that high medical and ethical standards are met. Frozen eggs are sent to Australia, where the IVF treatment takes place under the watchful eye of very skilled medical teams.  

Who Needs Donor Eggs? 

Donor egg IVF in Australia is often needed by those couples in the following situations: 

  • Gay couples and single men.
  • Women with low ovarian reserve, early menopause, or loss of fertility with age. 
  • For women who have genetic diseases that could be passed on to the child, it is safe to use a donor. 

Donor eggs make it possible for intended parents to use gestational surrogacy and increase their chances of a healthy pregnancy.  

Gay surrogacy in Australia: Which state is legal?

Not every state, but some states allow gay surrogacy in Australia. This gay surrogacy permission is another milestone for such people longing to embrace parenthood. This program involves fertilizing a donor egg with either partner’s sperm (the partner’s choice is implied; the most fertile sperm is used). In Australia, donor eggs always come from the Fertilityworld-certified bank. Remember that surrogacy is always altruistic for all types of family orientation.  

Here is the list of Australian states that offer legal gay surrogacy:

  • New South Wales (NSW)
  • Victoria (VIC)
  • Queensland (QLD)
  • Tasmania (TAS)
  • Australian Capital Territory (ACT)
  • South Australia (SA)
  • Western Australia (WA) (also includes same-sex couples)

Cost of surrogacy in Australia: A comprehensive guide

As we have discussed above, only altruistic surrogacy is prevalent. The overall cost of surrogacy in Australia ranges from AUD $50,000 to over AUD $100,000. This overall package is inclusive of the legal framework, surrogate reimbursement of her reasonable expenses, medical, clothing, healthcare, surrogacy procedures, specialists’ fees, and surrogacy administrative fees. This estimated surrogacy cost can be flexible (increase/decrease) depending on the usage of medication (individuals exhibit different medical responses), self-cycle or donor cycle, and the number of repeated cycles. You will get a transparent and pocket-friendly surrogacy cost at FertilityWorld Surrogacy in Australia.   

Transparent surrogacy cost breakdown in Australia

Surrogacy involves various steps, and each stage has its own cost. For your convenience and understanding, the surrogacy cost is shown by the centers as the total of all the stages. The table below represents the surrogacy cost breakdown in Australia: 

IVF Cost Breakdown 1 IVF cycle + 1 transfer of own egg. 1 IVF cycle + 3 transfers of donor eggs. 1 IVF + 1 transfer with own egg + 3 transfers with donor egg
1st Payment: 

At the signature of the contract

AUD $10,000 AUD $20,000 AUD $25,000
2nd Payment: Before Matching AUD $10,000 AUD $20,000 AUD $25,000
3rd Payment: Before IVF AUD $10,000 AUD $20,000 AUD $25,000
4th Payment: At week 12 AUD $10,000 AUD $20,000 AUD $25,000
5th Payment: At week 24 AUD $10,000 AUD $20,000 AUD $25,000
Total Cost AUD $50,000 AUD $100,000 AUD $125,000

Gay surrogacy cost in Australia

The reasonable gay surrogacy cost in Australia ranges from AUD 25,000 to $70,000. Since only altruistic surrogacy is legal, you don’t pay the surrogate a fee—you cover approved expenses like medical care, travel, time off work, and other miscellaneous expenses. 

Gay surrogacy cost breakdown in Australia:

Particulars Estimated Cost (AUD) Inclusive
IVF & Fertility Treatment $10,000–$20,000 egg donor, embryo transfer, medications
Legal Fees $5,000–$12,000 drafting agreements and parentage orders
Surrogate Reimbursements $7,000–$15,000 maternity wear, travel, loss of income
Counseling & Psych Support $2,000–$4,000 Both surrogate and intended parents
Health Insurance $3,000–$6,000 The surrogate’s pregnancy is covered.
Miscellaneous $1,000–$5,000 Admin fees, travel, embryo storage, etc.

Top centre with excellent services of surrogacy in Australia 

Fertilityworld is the recognized top surrogacy center in Australia. It has been serving surrogacy for over 25 years. Today, Fertilityworld is the greatest and most successful surrogacy agency. To date, 70,000+ surrogacy parenthoods have been achieved. The centre is equipped with world-class technology and the finest specialists who are committed to offering comprehensive treatments. It specializes in customized individual medical conditions and assists in surrogate arrangements and donor eggs from a certified bank. The team assists you from application to successful surrogacy.  Contact Fertilityworld and receive a free consultation. 

Can Australians pursue commercial surrogacy overseas?

As per the legislation, surrogacy in Australia is only altruistic and legal for its residents. Various countries in the world provide commercial surrogacy. If you’re intended parents from Australia seeking overseas surrogacy, know the country’s surrogacy legislation to avoid legal issues when returning to Australia. Some of the finest surrogacy destinations abroad are listed below:

Comparison: Australia vs. International Surrogacy

Feature Australia International (Kenya, Georgia, Colombia, USA)
Surrogacy type Altruistic only Commercial surrogacy allowed
Who Can Apply Married couples, LGBTQ+, singles (2022 law) Varies by country; many allow all family types. 
Egg Donor Options Limited, often imported Broad selection of local and international donors 
Framework Yes, strict legislation. Often faster or no approval required
Total Cost AUD 50,000 – AUD 100,000 Similar or higher, depending on location 
Timeline 

 

Several months for approval and treatment  Often a faster start, depending on clinic capacity

Conclusion

Surrogacy in Australia is legal. You can be from any type of family orientation (hetero, straight, gay, or single). The legal framework for starting the surrogacy process is complicated and can be difficult, but with the help of Fertilityworld’s knowledgeable attorneys, it becomes smoother. Always be watchful of the laws, costs, and emotional implications. With the right support and guidance, you can build your families through surrogacy.  

Sometimes it’s not easy to become a parent, especially if you need to use surrogacy, donor eggs, or the court system. However, you deserve a clear and kind way forward, no matter what your story is or where you come from. Contact Fertilityworld today, get a free consultation, and clarify your decisions for surrogacy in Australia or for overseas programs. 

 

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