ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

Stephen Page Joins Final ALRC Advisory Committee Meeting on Surrogacy Law Reform

Our Legal Practice Director, Stephen Page, recently took part in the third and final meeting of the Advisory Committee to the Australian Law Reform Commission’s (ALRC) surrogacy inquiry. The ALRC is due to report to the federal government by 29 July.

This is a landmark moment for surrogacy law in Australia — and for the many Australians who have built, or are building, their families through surrogacy arrangements, both domestically and overseas.

What Has the ALRC Proposed So Far?

The ALRC has previously outlined wholesale reform of surrogacy law in Australia. The key proposals include:

Automatic recognition of parentage for intended parents upon the birth of the child, provided that certain steps have been complied with — including counselling, independent legal advice, and a written surrogacy arrangement.

Greater scrutiny of overseas surrogacy arrangements, particularly concerning children born through international surrogacy. This reflects growing concern at the federal level about the complexity and legal uncertainty that often surrounds overseas arrangements.

These proposed reforms represent a significant shift from the current patchwork of state and territory legislation that governs surrogacy in Australia today.

The Reality of Surrogacy in Australia: Domestic vs. Overseas

There is a common misconception that most surrogacy journeys for Australians happen on home soil. The data tells a very different story.

Children born overseas through surrogacy outnumber those born through domestic surrogacy in Australia at a ratio of approximately 4:1.

To put that into sharper perspective:

• The number of children born through surrogacy to Australians in the United States alone is equal to — or greater than — the total number of children born through domestic surrogacy across all of Australia.
• It is estimated that approximately 85 to 90 children are born each year through surrogacy arrangements within Australia.
• On current projections, approximately 340 to 350 children will be born overseas through surrogacy this financial year.

Perhaps most strikingly, an Assistant Director of the Department of Home Affairs recently confirmed that in the period 1 July 2025 to 31 January 2026 alone, 199 children born overseas through surrogacy had applied for Australian citizenship by descent.

These figures underscore a critical point: domestic surrogacy is the exception, not the rule. The vast majority of Australian surrogacy journeys are international ones — yet the existing legal framework remains heavily focused on domestic arrangements.

Why This Inquiry Matters

The ALRC’s surrogacy inquiry has the potential to reshape how Australia approaches surrogacy law at a federal level — addressing the significant gap between domestic regulation and the lived reality of thousands of Australian families.

For intended parents navigating overseas surrogacy arrangements, the current legal landscape can be extraordinarily complex. Questions of parentage, citizenship by descent, and legal recognition of overseas surrogacy agreements involve multiple jurisdictions, multiple layers of law, and significant uncertainty. Wholesale reform — particularly around the automatic recognition of parentage — could offer much-needed clarity and security for families.

At the same time, the proposed increased scrutiny of overseas arrangements reflects the ALRC’s awareness that international surrogacy requires careful safeguards for all parties involved, including the surrogate mother and the child.

What Comes Next?

The ALRC will deliver its final report to the federal government by 29 July. At Page Provan, we will be watching the outcome of this inquiry closely and will keep our clients and the broader surrogacy community informed as developments unfold.

Stephen Page has been at the forefront of surrogacy law in Australia for decades. His involvement in the ALRC Advisory Committee process reflects our firm’s ongoing commitment to shaping fair, practical, and compassionate surrogacy law for all Australians.

Speak to an Expert in Australian Surrogacy Law

Whether you are considering domestic surrogacy, navigating an overseas arrangement, or simply trying to understand your legal position, our team at Page Provan is here to help.

We are multi-award-winning surrogacy lawyers and accredited specialists in family and fertility law — with the experience and depth of knowledge to guide you through every step of your journey.

Contact us today to speak with one of our surrogacy lawyers.