The Complexity of Surrogacy in Australia

The Complexity of Surrogacy in Australia

In this video, Stephen Page from Page Provan Family and Fertility Lawyers explores the complexities surrounding surrogacy in Australia. With the upcoming changes in regulations, Australia will soon have eight different systems governing IVF clinics across its states and territories. Stephen breaks down the implications of these varied regulations for clinics and patients alike, highlighting the challenges faced by the industry in maintaining compliance across state borders. Tune in to understand the impact of these changes on the surrogacy landscape in Australia.

Video Transcript

G’day, Stephen Page Page from Page Provan Family Fertility Lawyers. And today, I’m talking about something that’s about to happen that makes no sense at all. And that is, by October, Australia, with a population of 27 million, will have seven systems of regulation of IVF clinics. Just think that through. Seven million in a population of 27 million. We’ve got about the population of Shanghai. Shanghai, apparently, has about 26 million. And of course, they don’t have seven systems for that city. But we do because we’re going to have different central donor registries in Queensand, New South Wales, the ACT, Victoria, South Australia, and Western Australia. And we’re going to have, actually, I might be right, it might be eight systems. Might be eight. I’ve got my numbers wrong. I was a lawyer, maths weren’t my forte because we’re going to have a The Assistered Reproductive Technology Act in Queensland that I anticipate will be enacted well and truly and come into place by October. We have the Assisted Reproductive Technology Act in New South Wales. We have an Assisted Reproductive Reproductive Technology Act in the ACT, which has been enacted and I anticipate, will come into effect in this part sometime between now and March 2025.

We have the Assistered Reproductive Treatment Act in Victoria. We have the Assistered Reproductive Treatment Act in South Australia, and we have the Human Reproductive Technology Act in Western Australia. And Northern Territory derives itself in part from the South Australia, although it doesn’t have formal rules. It relies on the National Health and Medical Research Council ethical guidelines for assisted reproductive technology. And Tasmania still has the ethical guidelines as their basis. So eight rules. I said seven, but it’s actually eight. Eight systems for 27 million. And it’s crazy. And when we look at the IVF industry in Australia, we have a very concentrated industry with IVF clinics going across state borders. And if we look at the five biggest clinics, they are Vertis Health. So that’s Queens, Fertility Group, IVF Australia, TES IVF, Melbourne IVF. And the second is Monash IVF. The third is Janaya Fertility. Janaya, for example, operates in Queensland New South Wales, Victoria, ACT, South Australia, and Western Australia. The fourth largest is City Fertility, and the fifth largest is a Cut Price, Adora Fertility. They operate across state borders, and so each and every one of those has to make sure that it’s compliant with the law of this place, which is not the same as the law of the neighbouring state, or the one down the road, or the one across the continent.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Shocking Surrogacy Numbers: What Australia Isn’t Telling You

Why the data matters Numbers have a way of cutting through opinion. When it comes to surrogacy, statistics reveal risks that law and policy sometimes miss. Recent figures presented at a national surrogacy forum show a pattern that should worry intended parents, practitioners and policymakers alike: dozens of children born through overseas surrogacy may be… Read More »Shocking Surrogacy Numbers: What Australia Isn’t Telling You

ART Update from Australia: Stephen Page Presents at South African Family Law Conference

On 11–13 March 2026, Stephen Page, Director at Page Provan Family and Fertility Lawyers, presented remotely at the prestigious 28th Annual MDT/UWC Global Family Law Conference in Cape Town, South Africa. As Australia’s leading surrogacy lawyer and an Accredited Family Law Specialist since 1996, Stephen delivered “ART Update from Australia”—a comprehensive overview of Australia’s evolving… Read More »ART Update from Australia: Stephen Page Presents at South African Family Law Conference

3 Countries You Should Never Use for Surrogacy

When intended parents consider international surrogacy, the legal and ethical landscape can be treacherous. One government has taken a blunt but pragmatic approach: rather than issuing a blanket prohibition on overseas commercial surrogacy, it has published a short list of specific countries where surrogacy arrangements will almost certainly jeopardise a child’s legal status. That list… Read More »3 Countries You Should Never Use for Surrogacy

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board