A quick guide to Australians going overseas for surrogacy and egg donation
Thursday, January 09, 2020
A quick guide to Australians going overseas for surrogacy and egg donation
Recently I was asked by an American colleague to put together a couple of quick guides, cheat sheets if you will, setting out the risks to Australians going overseas for surrogacy and egg donation – from Australian law.
I have set these out below. You will appreciate that they are not a comprehensive advice as to the law. Anyone contemplating undertaking overseas surrogacy or egg donation should get legal advice from an expert in this area – such as me – first.
Australian criminal law as to international surrogacy
Warning: This New South Wales law applies to everyperson wherever they live in the world, e.g. New York, London, Melbourne, if they are domiciled in New South Wales.
Australian International Egg Donor Criminal Laws
| WHERE | COLOUR | MAXIMUM PENALTY FOR OVERSEAS | ||
| State | City | Human tissue supply | Commercial payment to donor | |
| Australian Capital Territory | Canberra | A$8,000 | 15 years imprisonment | |
| New South Wales | Byron Bay Sydney | 6 months imprisonment | 15 years imprisonment | |
| Northern Territory | Darwin | 2 years imprisonment | ___ | |
| Queensland | Brisbane Cairns Gold Coast Sunshine Coast | 6 months imprisonment | 15 years imprisonment | |
| South Australia | Adelaide | A$20,000 | 15 years imprisonment | |
| Tasmania | Hobart Launceston | ___ | ___ | |
| Victoria | Melbourne | ___ | ___ | |
| Western Australia | Perth | A$1,000 | 10 years imprisonment | |
