Traditional surrogacy v. gestational surrogacy

Traditional surrogacy v. gestational surrogacy

Traditional surrogacy

Traditional surrogacy is the method performed since time immemorial- where the surrogate’s egg is fertilised, and carried in her to pregnancy and birth.

Gestational surrogacy

This is considerably different and uses the wonders of IVF. The fertilised egg in the surrogate is not hers. It is either the egg of the intended mother or the egg of an anonymous egg donor.

The usual method practised by clinics in Australia and overseas is that of gestational surrogacy. Most clinics will not handle traditional surrogacies.

Some clinics in Australia and overseas do not engage in egg donations, others do. One client reported to me, for example, that she was considered too old by the clinic in Australia. She then approached Indian surrogacy clinics who demonstrated to her that none of the clinics there that she enquired with  undertook egg donation.  Instead, she went to California where there was not the same difficulty with age, and  the clinic was familiar with donor eggs.

WARNING: It is an offence for residents of Queensland and  the ACT to undertake surrogacy with overseas commercial surrogacy clinics.

WARNING: Anyone considering an egg donation at an overseas clinic ought to obtain specific, qualified legal advice as to whether the child will be an Australian citizen by descent (or the child will not be a citizen and will not be allowed to migrate to or remain in Australia).

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

Update on surrogacy in the Mexican state of Jalisco

The current state of surrogacy regulation in the Mexican state of Jalisco is in a state of transition, according to attorney Ivan Davydov from Carem. I have set out below his recent summary sent out to clients, which I share with his permission. ——– Surrogacy in Jalisco Smart Move or Risky Timing Dear Clients, In… Read More »Update on surrogacy in the Mexican state of Jalisco

Queensland’s IVF Legislation Crisis Explained

When lawmaking is rushed to meet political timetables, real people can become unintended casualties. Queensland’s recent overhaul of assisted reproductive technology laws provides a clear example: changes intended to protect patients instead created immediate and painful barriers to treatment. How a political deadline turned into a legal problem In 2023, the Queensland government declared regulation… Read More »Queensland’s IVF Legislation Crisis Explained

ALRC Surrogacy Law Review 2025: Expert Submission by Stephen Page

On 5 December 2025, Stephen Page, Director at Page Provan Family and Fertility Lawyers, submitted a comprehensive response to the Australian Law Reform Commission’s review of Australia’s surrogacy laws. As Australia’s leading surrogacy lawyer, Stephen has advised in over 2,000 surrogacy journeys since 1988—spanning domestic and international arrangements across 39 countries and every known surrogacy… Read More »ALRC Surrogacy Law Review 2025: Expert Submission by Stephen Page

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