The Australian Law Reform Commission (ALRC) has released its issues paper, introducing the national inquiry into surrogacy laws. This inquiry, commissioned by the Attorney-General, aims to address inconsistencies across jurisdictions and improve the legal framework governing surrogacy arrangements in Australia.

What is the inquiry about?

The ALRC has been asked to review and make recommendations about how surrogacy is, and should be, regulated in Australia, with a focus on proposals for better aligning State, Territory, and Commonwealth laws.

Through the review the ALRC will investigate and consider:

• How to reduce barriers to surrogacy arrangements in Australia;
• How Australian law should address overseas surrogacy arrangements;
• How legal parentage for children born through surrogacy arrangements (both domestically and overseas) should be recognised;
• How citizenship, visa, and passport requirements for children born through international surrogacy arrangements should be aligned;
• What information should be available to children born through surrogacy arrangements;
• Whether compensated or commercial surrogacy arrangements should be permitted (within defined limits);
• Options for national oversight or uniform legislation to reduce confusion and improve consistency;
• Whether criminalization is effective or if alternative regulatory approaches may better protect against exploitation; and
• How to improve understanding of surrogacy laws among the public and professionals.

The ALRC is seeking submissions in relation to these key issues as well as on the structures, safeguards, and tools that need to be in place to ensure that surrogacy is well regulated.

What happens next?

Submissions are open until 11 July 2025. A Discussion Paper will follow in November 2025, with a Final Report due in July 2026. The ALRC encourages input from individuals with personal experience, professionals, and organisations involved in surrogacy.

How we can help

If you or your organisation is considering making a submission or wants to know more about the changes, our team can assist.