Surrogacy in Victoria is governed by the Assisted Reproductive Treatment Act 2008, which permits altruistic surrogacy but prohibits commercial surrogacy arrangements. The law aims to protect all parties involved - intended parents, surrogates, and most importantly, children born through surrogacy. Navigating these complex legal requirements demands experienced legal guidance to ensure compliance and protect everyone's interests.
Whether you're intended parents hoping to start or grow your family, or considering becoming a surrogate to help others, understanding Victoria's strict legal framework is essential. Our directory connects you with Melbourne lawyers who specialise in surrogacy law and can guide you through every step of the journey, from initial agreements to parentage orders.
Types of Surrogacy Arrangements
Altruistic Surrogacy
The only legal form in Victoria:
- • No payment beyond expenses
- • Motivated by desire to help
- • Requires court approval
- • Strict eligibility criteria
Commercial Surrogacy
Illegal in Victoria:
- • Payment beyond expenses prohibited
- • Advertising restrictions apply
- • Penalties for violations
- • International commercial surrogacy risks
Legal Requirements in Victoria
Eligibility Criteria for Intended Parents
- Must be unable to carry a pregnancy or give birth
- Or pregnancy/birth poses unacceptable risk to woman or baby
- At least one intended parent must be 25+ years old
- Must be Victorian residents at time of conception
- Criminal record and child protection checks required
- Counselling and legal advice mandatory
Requirements for Surrogates
- Must be at least 25 years old
- Must have previously given birth to a live child
- Cannot use her own eggs (gestational surrogacy only)
- Must undergo counselling and receive legal advice
- Partner (if any) must consent to arrangement
- Cannot be paid beyond reasonable expenses
The Surrogacy Process
1
Pre-Conception Requirements
- Patient Review Panel approval from IVF clinic
- Counselling for all parties
- Independent legal advice for all parties
- Written surrogacy arrangement (not enforceable)
- Criminal and child protection checks
2
During Pregnancy
- Surrogate retains all decision-making rights
- Intended parents may pay reasonable expenses
- Regular communication as agreed
- Preparation for birth and handover
- Ongoing support and counselling available
3
After Birth - Parentage Order
- Apply to County or Supreme Court
- Between 28 days and 6 months after birth
- Child must be living with intended parents
- Surrogate must freely consent
- Court considers child's best interests
Surrogacy Agreements
While not legally enforceable, written agreements are crucial for clarifying expectations:
- Communication during pregnancy
- Financial arrangements and expense reimbursement
- Birth plans and hospital arrangements
- Handover procedures
- Ongoing contact after birth
- Contingency plans for complications
International Surrogacy
Important Warnings
International commercial surrogacy presents significant legal risks:
- May be illegal to enter commercial arrangements overseas
- Complex immigration and citizenship issues
- Parentage may not be recognised in Australia
- Risk of exploitation in some countries
- Limited legal recourse if problems arise
- Requires careful legal planning before proceeding
Support for LGBTIQ+ Families
Victoria's surrogacy laws are inclusive and support all family types. LGBTIQ+ couples and individuals have equal access to surrogacy arrangements, with specific considerations for:
- Male couples requiring both egg donation and surrogacy
- Recognition of both parents on birth certificates
- Interstate recognition of parentage orders
- International surrogacy considerations for same-sex couples
Legal Costs and Timeframes
- Independent legal advice for all parties: $2,000-$5,000 each
- Court application for parentage order: $3,000-$8,000
- Total process typically takes 2-3 years
- Pre-conception approvals: 3-6 months
- Parentage order: 2-4 months after birth