The Australian Law Reform Commission (ALRC) Review of Surrogacy Laws

The Australian Law Reform Commission has released a substantial discussion paper as part of a broad review of surrogacy laws. The paper examines how surrogacy could and should be regulated within Australia, including both domestic arrangements and situations where intended parents commission surrogacy overseas. Submissions on the discussion paper close on 19 December 2024, and participation from a diverse range of voices is crucial to ensure the final recommendations reflect practical realities and rights-based protections.

What the discussion paper covers

The discussion paper explores a wide range of issues that arise when law meets the complexities of modern family formation. It asks whether existing laws across states and territories are fit for purpose, how to protect the welfare and autonomy of surrogates, how to secure the legal status of children born by surrogacy, and how to respond to cross-border surrogacy arrangements.

Key themes in the paper include:

• Regulatory frameworks for domestic surrogacy — whether and how to harmonise laws across jurisdictions and ensure consistent protections for all parties.
• Approaches to international surrogacy — how Australian law should treat intended parents who enter into surrogacy arrangements overseas, and how to prevent exploitation while recognising parental relationships.
• Consent, counselling and support — mechanisms to ensure surrogates and intended parents receive independent legal advice and appropriate counselling before, during and after the process.
• Child status and registration — systems for recognising parentage and updating birth records so that children born via surrogacy have clear legal identities.
• Safeguards against coercion and commercialisation — balancing reasonable remuneration and reimbursement against risks of commodifying reproduction.

Why submissions matter

Law reform is shaped by evidence, lived experience and reasoned argument. A high volume of submissions helps the commission understand how current rules affect real people and where there are gaps or unintended consequences. At present, many of the early submissions are strongly opposed to surrogacy, reflecting concerns about exploitation, commercialisation and harm. These are important contributions, but they do not represent the full picture.

Balanced law reform requires hearing from a broad cross-section: intended parents, people who have acted as surrogates, health professionals, legal practitioners, child welfare experts and community organisations. Without a diversity of perspectives, recommendations risk favouring one viewpoint and overlooking practical safeguards that can make surrogacy safe, ethical and effective.

“Have a look at the discussion paper and the submissions — many of the submissions are really anti-surrogacy.” — observation attributed to Stephen Page

How to make a useful submission

Making a submission need not be a complex or lengthy exercise. Submissions that combine clear personal experience, practical examples and constructive suggestions carry weight. The following checklist will help structure an effective response:

1. Summarise your perspective — identify whether you are an intended parent, a surrogate, a clinician, a lawyer or an advocate. Brief context helps the commission evaluate the submission in light of lived experience.
2. Identify specific issues — refer to particular chapters or questions in the discussion paper where possible. This helps the commission connect your observations to its analysis.
3. Provide examples and evidence — practical examples, anonymised case studies and references to research or data strengthen arguments.
4. Offer practical recommendations — say what should change and how: for example, centralised registration of surrogacy arrangements, mandatory independent legal advice, or a national framework for reimbursing reasonable expenses.
5. Address safeguards — acknowledge risks such as coercion or inequality and suggest workable protections, such as supported consent processes and oversight mechanisms.
6. Be respectful and concise — short, well-reasoned submissions are often more persuasive than long, emotive pieces.

Points likely to be influential

Submissions that combine principle with detail will carry the most influence. The commission will be looking for:

• Evidence of systemic problems that current laws create for parents, surrogates or children.
• Support for harmonisation where inconsistent state and territory laws create uncertainty or injustice.
• Practical proposals for consent processes, counselling, legal advice and child registration that can be implemented within existing institutions.
• Clear approaches to international surrogacy that discourage exploitation yet recognise the parental bonds created by surrogacy abroad.
• Human rights and child-centred analysis that centres the welfare and identity rights of children born by surrogacy.

Practical considerations for intended parents and surrogates

For intended parents, the review is an opportunity to explain how current arrangements affect access to parenthood, legal certainty and practical costs. For people considering acting as surrogates, submissions can highlight the supports that would make surrogacy safer and more dignified — for example, standardised counselling, clear limits on reimbursable expenses and access to post-birth support.

Clinicians and legal practitioners can provide technical submissions addressing registration processes, consent forms and how parentage orders might be simplified to reduce delays and uncertainty for families and children.

Next steps and deadlines

The deadline for submissions is 19 December 2024. Those wishing to participate should read the discussion paper available on the ALRC surrogacy review page at alrc.gov.au and lodge a submission before the closing date. Early engagement is encouraged so that submissions can reflect careful consideration of the questions posed.

After the submission period closes, the commission will analyse the responses and publish further reports with recommendations. Those recommendations will inform potential legislative reform across Australia, so the input provided now has a direct line to future law changes.

Why pro-surrogacy voices are needed

Opposition submissions raise vital concerns that should be taken seriously. Simultaneously, voices that have experience of ethical, consensual surrogacy are essential to present an alternative view: one that accepts the need for safeguards but also recognises surrogacy as a legitimate route to parenthood for many people.

Engaged, evidence-based contributions from across the spectrum will help the commission craft recommendations that protect rights, prevent harm and create clear, workable pathways for families formed through surrogacy.

Final thought

The ALRC discussion paper marks a pivotal moment in Australian family law. The deadline for public input is limited. Those with experience or interest in surrogacy who want laws that are clear, fair and humane should take the opportunity to contribute. Thoughtful submissions that balance concern with constructive solutions will be central to shaping reform that stands the test of time.