Surrogacy in Sydney: Support, Laws, and Costs

Yes, altruistic surrogacy is legal in Sydney and across Australia, meaning surrogates cannot receive financial compensation beyond reasonable medical and pregnancy-related expenses. However, commercial surrogacy is illegal, both domestically and when pursued overseas​.

Key legal requirements in NSW include:

• The Surrogacy Act 2010 governs all surrogacy arrangements.
• Intended parents must demonstrate a medical need for surrogacy.
• The surrogate and intended parents must be at least 25 years old.
• A parentage order must be granted by the NSW Supreme Court between 30 days and 7 months after birth to transfer legal parenthood.
• Surrogacy agreements are not legally enforceable, meaning the surrogate has the right to withdraw consent before the parentage order is granted.

The cost of surrogacy in Sydney can vary depending on factors such as fertility treatments, medical care, legal fees, and counseling​.

Main cost factors include:

• Fertility treatments – IVF procedures and embryo transfers.
• Medical expenses – Pregnancy, delivery, and postnatal care.
• Legal fees – Drafting agreements and court applications.
• Counseling services – Required for both surrogate and intended parents.
• Other expenses – Travel, lost wages, and pregnancy-related costs.

Medicare does not provide rebates for surrogacy arrangements, so intended parents need to plan financially

The surrogacy process in Australia involves multiple steps to ensure the safety and well-being of all parties​:

Find a surrogate – Typically a friend or family member, as recruitment of surrogates is restricted.

Medical and psychological screening – Both the surrogate and intended parents undergo fertility testing and counseling.

Legal process – Each party must seek independent legal advice before signing a surrogacy agreement.

IVF and embryo transfer – The embryo is created and transferred into the surrogate’s uterus.

Pregnancy and birth – The surrogate carries the baby and receives medical care.

Parentage order – After birth, a court application must be made to transfer legal parenthood​

The Surrogacy Act 2010 protects both the surrogate and the intended parents by ensuring:

The surrogate and intended parents must receive independent legal advice before proceeding.

A surrogacy agreement must be in place, outlining expenses and responsibilities.

The surrogate is the legal mother at birth, and a parentage order is required to transfer legal parenthood.

Surrogates cannot be forced to relinquish the baby if they change their mind before the parentage order is granted​.

International intended parents face significant challenges in pursuing surrogacy in Sydney. NSW laws prioritize local intended parents, and there are strict residency requirements for obtaining a parentage order​.

Additionally, commercial surrogacy is illegal, meaning Australian residents cannot engage in paid surrogacy arrangements overseas without legal consequences.

Finding a surrogate in Sydney can be challenging due to the strict legal and ethical framework. Most surrogates are:

• Friends or family members who volunteer.
• Connected through surrogacy support networks, such as Surrogacy Australia.
• Matched through fertility clinics, although clinics cannot actively recruit surrogates​.

Since commercial surrogacy is illegal, intended parents must rely on personal connections and support networks to find a willing surrogate.