19 Sep Surrogacy Families Left Without Hospital Support, Study Finds
National guidelines are urgently needed to give clarity and consistency to the rules around surrogacy.
For many Australians, surrogacy offers a precious pathway to parenthood. In Australia, surrogacy is altruistic only – meaning it’s not paid, beyond covering expenses – and often takes place between close friends or relatives.
But new research has found that when it comes to birth, hospitals aren’t always ready to support these unique families. A review of more than 100 hospitals in NSW and Victoria showed fewer than one in ten had policies to guide surrogacy births.
Without clear rules, intended parents have sometimes been excluded from delivery rooms, faced delays in bonding with their newborn, or been overlooked in learning essential newborn care like feeding. Surrogates, too, can be caught in awkward situations, such as being discharged without their baby.
Experts say national guidelines are urgently needed to give clarity and consistency.
“Families deserve to feel supported from the very first moments of their child’s life,” says Charles Darwin University lecturer Kabir Sattarshetty, who led the study.
Surrogacy lawyer Sarah Jefford OAM agrees: “Too often, intended parents are sidelined at the very moment they should be bonding with their baby. Clear, family-centred policies would prevent distress for everyone involved.”
Researchers warn that without change, babies may miss out on important early care, like skin-to-skin contact and secure bonding with their parents.
For the growing number of families choosing surrogacy, experts say the message is clear: it’s time for hospitals to catch up.
How Surrogacy Laws Work in Each State / Territory
| State / Territory | Is commercial (paid) surrogacy allowed? | Who can be Intended Parents (e.g. same-sex, single)? | Key requirements for surrogacy (age, prior births, etc.) | Parentage transfer after birth |
| Nationwide / All jurisdictions | Only altruistic surrogacy is legal everywhere. Surrogates can only be reimbursed for medical or reasonable out-of-pocket expenses. Commercial surrogacy (payment beyond that) is illegal. Surrogacy in Australia | Varies by state. In most places, same-sex couples and single people are eligible. WA is currently an exception (see below). | Varies by state: many require the surrogate to be at least 25 years old; some require she has given birth before; some require a medical or social need; counselling and legal advice are usually required. | Intended parents usually apply for a Parentage Order after birth. It transfers legal parentage from the surrogate (and her partner, if any) to them. Birth certificates may be reissued. |
Here are some specific state/territory notes :
- New South Wales: Surrogacy is legal under the Surrogacy Act 2010. It must be altruistic. Intended parents can be same-sex or single people.
- Victoria: Also allows altruistic surrogacy, and same-sex / single parent access. Requires a “parentage order” under theStatus of Children / Assisted Reproductive Treatment
- Australian Capital Territory (ACT): As of recent reforms, more people can access altruistic surrogacy (including single people). Surrogates usually 25+, though younger people may be assessed by counsellors. Written agreement, legal & counselling advice required.ACT Government
- Western Australia (WA): Currently, only opposite-sex couples and single women are allowed to use surrogates. Same-sex couples (especially male partners) and single men are excluded under current law. Legal reform is underway with a Bill introduced in August 2025 to remove discriminatory access. Surrogacy Australia
- Tasmania: Altruistic surrogacy is legal for singles and couples (all orientations). Surrogate must be 25+ and must have had at least one child already.
