Your Voice Can Change Australia’s Surrogacy Laws Forever
Surrogacy is a journey filled with hope, challenges, and profound joy. As someone who has personally navigated this path, I understand the complexities and emotional highs that come with building a family through surrogacy. My name is Stephen Page from Page Provan Family and Fertility Lawyers in Brisbane, and I am proud to be a dad through surrogacy and egg donation. My husband and I experienced a difficult surrogacy journey here in Brisbane, which is uncommon as most Australians undertake surrogacy overseas. Our daughter has transformed our lives, bringing daily joy and normalcy into our family life, surrounded by love and support.
Today, I want to talk about an urgent opportunity for everyone touched by surrogacy to help shape the future of surrogacy laws in Australia. The Australian Law Reform Commission (ALRC) is currently conducting a comprehensive review of surrogacy laws, and they need your voice. Whether you are a surrogate, an intended parent, a donor, or someone born through surrogacy, your lived experience is crucial for informing better, fairer laws that reflect the realities of modern families.
Why Your Submission Matters
The current surrogacy legal framework in Australia is complex and often inconsistent across states and territories. Despite bans on commercial surrogacy overseas in Queensland, New South Wales, the ACT, and other jurisdictions, many Australians still pursue surrogacy arrangements abroad. This reality is reflected in the numbers: between 2009 and 2022, only 648 children were born through surrogacy domestically with the assistance of Australian IVF clinics, whereas over 3,155 children were born overseas through surrogacy to Australian intended parents.
These figures highlight a critical gap between legislation and lived experience. Laws banning commercial surrogacy overseas have not deterred Australians from seeking surrogacy internationally, and prosecutions are virtually nonexistent. In fact, since 2008, there has been only one prosecution in Victoria related to overseas surrogacy, demonstrating that current laws do not align with the realities faced by families.
By making a submission to the ALRC’s surrogacy review, you have the power to influence change that can make surrogacy safer, more accessible, and more supportive for all parties involved.
How to Make a Submission
The ALRC has released an issues paper and posed 27 detailed questions designed to gather insights from people with personal experience of surrogacy. These questions cover a broad range of topics, including:
- Positive and negative aspects of your surrogacy experience
- Barriers faced in accessing surrogacy, especially for LGBTQIA+ individuals, culturally diverse families, and those with financial disadvantages
- Human rights considerations in domestic and international surrogacy
- Legal parentage and citizenship challenges for children born through surrogacy
- Regulation of surrogacy advertising and professional services
- Reimbursement and compensation for surrogates
- Oversight, harmonization of laws, and the role of criminal law
- Awareness and education about surrogacy laws and policies
To participate, visit the ALRC website at www.alrc.gov.au and navigate to the Surrogacy Review section. Submissions close on Friday, 11 July 2025, so please take the time to share your story or insights before then.
If you feel comfortable, you are also welcome to share your submission with me at admin@pageprovan.com.au. I am honored to serve on the ALRC advisory committee for this review and will be making my own submission as well.
Who Should Submit?
The ALRC is particularly keen to hear from people with lived experience of surrogacy. This includes:
- Surrogates and their partners
- Intended parents who have undertaken surrogacy domestically or overseas
- Egg and sperm donors
- Individuals born through surrogacy
If you are someone born through surrogacy, your insights are invaluable. It is important to let the ALRC know about your experience, especially if your life has been normal and fulfilling despite the complex legal and social landscape surrounding surrogacy. Your voice can help dispel myths and misinformation.
Key Questions to Consider in Your Submission
The ALRC’s 27 questions cover a vast range of topics. Here are some of the most important themes to reflect on:
1. Personal Experience of Surrogacy
Describe the positive and negative aspects of your journey. What worked well? What challenges did you face? How could the process be improved? Specify your role in the surrogacy arrangement and whether it took place in Australia or overseas. If overseas, mention the country and why it was chosen.
2. Reform Principles
What should guide the review? Should the laws prioritize the rights and wellbeing of children born through surrogacy? Should accessibility and equity be central principles? Reflect on whether current laws adequately protect everyone involved.
3. Barriers to Domestic Surrogacy
Many people face significant obstacles when trying to access surrogacy in Australia. These barriers might be legal, financial, or social. Consider if certain groups, such as LGBTQIA+ families, culturally diverse communities, or those with limited financial resources, experience greater difficulties.
4. Legal Parentage and Citizenship
One of the most pressing issues is securing legal parentage for children born through surrogacy, especially when arrangements occur overseas. Current processes can be slow and cumbersome, sometimes resulting in “limping parentage,” where the legal status of intended parents is unclear or incomplete. This uncertainty can negatively impact the child’s rights and sense of security.
5. Compensation and Reimbursement
Should surrogates be compensated beyond reimbursement of reasonable expenses? If so, how should this be calculated and regulated? What safeguards should be in place to ensure fairness and transparency?
6. Advertising and Professional Services
How should surrogacy advertising be regulated to protect vulnerable individuals? What gaps exist in the availability and quality of professional legal and counseling services? Should these services be integrated with fertility clinics or operate independently?
7. Oversight, Education, and the Role of Law
Is there a need for a national regulator or oversight body to monitor surrogacy arrangements? How can education and awareness about surrogacy laws be improved among professionals and the public? Should criminal law play a role in regulating certain surrogacy practices?
The Importance of Anonymity and Privacy
One critical concern raised during this review is the protection of anonymity for all parties involved in surrogacy arrangements. The ALRC is committed to preserving privacy, particularly for children born through surrogacy and those who may have legal or family sensitivities. This commitment is essential to encourage frank and open submissions without fear of legal repercussions or unwanted disclosure.
If you have undertaken commercial surrogacy overseas and worry about legal risks, rest assured that the ALRC has provisions to protect your identity and information.
Why This Review Is a Once-in-a-Generation Opportunity
Surrogacy is one of the most complex forms of reproduction, involving intricate legal, ethical, and personal dimensions. The ALRC’s review is the most comprehensive examination of surrogacy laws Australia has seen in decades. Your input can help ensure that future laws better reflect the diversity of families, protect the rights of children, support surrogates, and provide clarity for intended parents.
By sharing your story, you contribute to a national conversation that could lead to harmonized laws across states and territories, streamlined processes for legal parentage and citizenship, and improved access to surrogacy for all Australians.
How to Get Started on Your Submission
Begin by visiting the ALRC website and downloading the issues paper. Take time to reflect on the questions that resonate most with your experience. You do not need to answer all 27 questions—focus on what matters most to you. Be honest and detailed where possible, as real stories provide the strongest impact.
Remember, your submission can be anonymous to protect your privacy. If you have questions or need guidance, feel free to reach out to me at admin@pageprovan.com.au.
Final Thoughts
Surrogacy has transformed my life and many others’. It has created families where hope once seemed distant. However, the current legal framework does not always support or reflect the reality of these families. This is why your voice matters now more than ever.
Help shape the future of surrogacy laws in Australia by making a submission before the deadline on Friday, 11 July 2025. Together, we can build a legal system that respects and supports all families formed through surrogacy, ensuring that children, surrogates, and intended parents are treated with dignity, fairness, and care.
Thank you for being part of this important journey.
