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

MRKH syndrome: how surrogacy can help you become a parent

MRKH syndrome means being born without a uterus. It does not mean that parenthood is impossible. For women with Mayer-Rokitansky-Küster-Hauser syndrome, often shortened to MRKH, the journey to understanding their body can begin at a young age. Many discover in their early teenage years, commonly around 14 or 15, that they will not be able… Read More »MRKH syndrome: how surrogacy can help you become a parent

Australian Overseas Surrogacy Births Hit Record High Again in 2026 — Here’s Where Families Are Going

Another record year for overseas surrogacy births For every child born through surrogacy in Australia, five are born overseas. Despite laws allowing altruistic surrogacy, the shortage of available surrogates within Australia has meant that the norm is to undertake surrogacy overseas, and the exception is to do so at home. A record 416 Australian children… Read More »Australian Overseas Surrogacy Births Hit Record High Again in 2026 — Here’s Where Families Are Going

Surrogacy statistics: why so many go overseas

Surrogacy is intensely personal, but the numbers tell an important story about how difficult it can be for intended parents in Australia. The central statistic is striking: for every child born in Australia through surrogacy, about four are born overseas. That is not a small difference. It points to a system in which many intended… Read More »Surrogacy statistics: why so many go overseas

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