RECORD-BREAKING: 377 Australian babies born via overseas surrogacy in 2025

I’m Stephen Page from Page Provan. In the year ended 30 June 2025 the Department of Home Affairs recorded a staggering 377 Australian children born overseas via surrogacy. Those figures are not estimated — they come from citizenship-by-descent applications lodged with the Australian government. Every child born overseas who seeks Australian citizenship by descent must disclose whether they were born through surrogacy, and the Department collates that information. The result is the most reliable snapshot we have of where Australians are going for surrogacy and how those patterns are changing.

“377 Australian children were born overseas via surrogacy in 2025.”

Why these figures matter

These numbers tell us more than just raw totals. They reveal shifts in destination popularity, legal and political impacts on surrogacy markets overseas, rising costs, and significant legal risks for Australians attempting surrogacy abroad. If you are considering overseas surrogacy, these data — and the stories behind them — should inform your planning and your legal advice strategy.

Top overseas surrogacy destinations for Australians (financial year ended June 2025)

Below are the countries that dominated the Department of Home Affairs data for the 2024–25 financial year, together with the figures I discussed and some context about each destination.

• United States — 137 births. A record number and by far the biggest single destination. This was up from 121 the previous year and just 68 in 2023. The US remains the most expensive option for Australians — you should be budgeting around A$300,000 from start to finish (often more) if you pursue a US-based commercial pathway.
• Republic of Georgia — 48 births. Georgia dropped from its record peak last year (76) but remains a top destination. About 18 months ago the Georgian health minister announced a ban on foreigners undertaking surrogacy; that announcement scared away many intended parents. The ban was never formalised in legislation, and surrogacy activity has restarted, though at a lower base.
• Colombia — 38 births. Colombia continues to rise in popularity (32 last year; 12 in 2023). Its emergence reflects both clinic activity and active marketing to overseas intended parents.
• Argentina — 28 births. Argentina experienced a dramatic increase from seven births last year (and effectively zero the year before). That surge looks like a marketing-driven bubble. Argentine officials had signalled an intention to ban surrogacy, and in April of last year there was a crisis that left some intended parents stranded. Watch this destination closely — the legal and political environment has been unstable.
• Ukraine — 23 births. Despite the war and the large number of births in early 2022, numbers have settled down. Clinics in Ukraine have been incentivising foreign intended parents with packages and streamlined services; the unfortunate reality is operators are trying to make it as easy as possible for people to go there.
• Canada — 22 births. Canada fell from a recent peak (37 last year) to a more typical level around 22. Anecdotally, intended parents are finding it harder to source surrogates there, which may explain the drop.
• Iran — 6 births (tie). Iranian surrogacy for Australians is usually limited to members of the Iranian diaspora. Recent geopolitical developments make travel and surrogacy in Iran risky and likely to decline.
• United Kingdom — 6 births (tie). These births mostly reflect the large expatriate Australian community in the UK rather than English-speaking Australians travelling there specifically for surrogacy.
• China — 5 births (tie). China is complicated: doctors are prohibited from facilitating surrogacy, and clinics often do not disclose surrogate identity. That makes bringing a child home difficult unless you can identify the surrogate and satisfy return-eligibility requirements.
• Thailand — 5 births (tie). Commercial surrogacy is banned in Thailand and yet a grey market persists. The law has strict conditions (for example, you generally must be married to a Thai surrogate). Thailand has considered permitting commercial surrogacy but has not done so; anyone considering Thailand should be wary of legal uncertainty and exploitation risks.

Other notable mentions

• Greece: Greece has effectively dropped out of the list (fewer than five births to Australians). This follows the scandal involving the Mediterranean Fertility Institute — staff arrests on fraud and trafficking-related charges — and a subsequent law change in May 2025 restricting surrogacy to residents. Australians have stayed away.
• New entrants: The data showed two new countries each recording fewer than five births: listed as “Kyasan” in the dataset and Uganda. These small entries reflect promoters testing new markets, but they raise red flags about regulatory oversight and local protection for surrogates and intended parents.

Why some destinations rise and fall so quickly

There are several reasons for rapid changes in the flow of intended parents to a particular country:

• Government policy and public pronouncements. A ministerial statement can deter travel even if no new law is passed (Georgia is a good example).
• Legal reform and enforcement. When authorities prosecute clinics or change residency requirements, it can cut off a destination overnight (Greece).
• Marketing and perceived accessibility. Clinics that advertise actively on social media or create international packages can rapidly attract intended parents (Argentina, Colombia and some Ukrainian clinics).
• Costs and logistics. The US is expensive but offers legal clarity and strong parentage recognition in many states. Lower-cost destinations may have higher legal and logistical risks.
• Geopolitical events. Conflict, sanctions, diplomatic incidents and travel restrictions can all make a once-popular destination unviable (Ukraine, Iran).

Legal risks for Australians pursuing surrogacy overseas

This is the point at which I always raise the red flags. If you don’t think carefully and obtain proper legal advice you can face serious legal consequences — for you and for the child.

Key legal issues include:

• Criminal offences for commercial surrogacy: In the Australian Capital Territory, New South Wales and Queensland it is a specific criminal offence to engage in commercial surrogacy overseas. Each jurisdiction frames the offence slightly differently, but prosecutions are possible.
• Conditional offences elsewhere: In the Northern Territory, South Australia and Western Australia there are circumstances where commercial surrogacy overseas may give rise to criminal liability.
• Adoption legislation traps: Even in states without explicit overseas commercial surrogacy offences (Tasmania and Victoria, for example), you can still commit offences under adoption laws if your arrangements look like an adoption — for instance, if you pay surrogate expenses in a way that the local law treats as a payment for a child.
• Local criminal and civil risks overseas: Surrogacy that is commercial or otherwise illegal where it occurs can expose intended parents to prosecution, detention, or serious civil disputes. The Greek clinic scandal and other fraud prosecutions are real-world examples.
• Citizenship and parentage issues: Bringing a child home relies on satisfying both the overseas legal recognition of parentage and the Australian documentation requirements for citizenship by descent and re-entry.

Destination-specific traps you must know

Here are a few examples I often counsel clients about:

• United States: Very expensive, but generally reliable in terms of legal parentage in many states. Budget realistically and get state-specific legal advice.
• Georgia: Watch public statements and keep up with local regulation — what looks open one month can become restricted the next.
• China: If the surrogate is not disclosed or the clinic cannot/won’t identify her, you may struggle to obtain the documentation required to bring the child to Australia.
• Thailand: Commercial surrogacy is banned; the legal pathway often requires marriage to a Thai surrogate and careful navigation of local rules.
• Argentina and Colombia: Marketing-driven booms can create short-term options but also leave intended parents exposed if local law changes or clinics are shut down.
• Iran, Greece, Ukraine: Political instability, legal enforcement actions and public scandals make these higher-risk choices for most Australians.

Practical advice before you go overseas

If you are considering overseas surrogacy, take the following steps:

1. Get specialist legal advice in Australia about both state and federal rules that might apply to your particular situation. This should include criminal exposure for commercial arrangements and adoption law implications.
2. Get local legal advice in the destination country — about parentage, the surrogate’s legal position, and whether the arrangement will be recognised at home and abroad.
3. Avoid offers that look too good to be true. Ultra-cheap packages often skip proper legal safeguards or exploit surrogates.
4. Plan for unexpected delays: geopolitical problems, clinic shutdowns, changes to law and even airline issues can delay your return home with your child.
5. Document everything: contracts, payments, medical records and identification for the surrogate and gamete donors. The Department of Home Affairs will want full disclosure when you apply for citizenship by descent.

My experience and closing thoughts

I’ve been advising on surrogacy since 1998, undertook my first international surrogacy matter in 2008, and have advised in more than 2,000 surrogacy journeys involving around 4,000 clients across every part of Australia and in 39 other countries. The market evolves fast — what is possible and safe today may not be tomorrow. That’s why up-to-date legal advice is essential.

If you are considering overseas surrogacy: don’t go on hope and good luck. Make sure you understand the costs, the country-specific legal risks, and the potential for criminal liability at home. The Department of Home Affairs data for 2025 shows clear trends — record numbers in the US, unexpected surges in places like Colombia and Argentina, and an ongoing patchwork of risk around the world.

Finally, consider this: surrogacy is not only a medical or financial journey — it’s legal and social. Protect your future family’s rights and your own by seeking experienced legal counsel before you sign anything or book any flights.