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.

WHERE		COLOUR	RULES
State	City

ACT	Canberra		Overseas surrogacy must be altruistic according to ACT law or otherwise illegal.

New South Wales	Byron Bay Sydney		Overseas surrogacy must be altruistic according to New South Wales law or otherwise illegal.

Northern Territory	Darwin		No restrictions.

Queensland	Brisbane Cairns Gold Coast Sunshine Coast		Overseas surrogacy must be altruistic according to Queensland law or otherwise illegal.

South Australia [1] [2]	Adelaide		Overseas commercial surrogacy (as per South Australian law) may be illegal.

Tasmania	Hobart Launceston		No restrictions.

Victoria	Melbourne		No restrictions.

Western Australia ²	Perth		Overseas commercial surrogacy (as per Western Australian law) may be illegal.

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

[1]South Australian law is soon to change with the Surrogacy Act 2019 (SA) soon to take effect. This box takes into account both current and soon to be law in SA.

[2]South Australian and Western Australian law long arm laws can make overseas surrogacy illegal. Great care is required before signing.

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