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Surrogacy in Australia is governed by the laws and regulations of the individual states, which the couple must familiarize themselves with before proceeding.

Surrogacy in Australia is regulated at the state level, with each state having its own set of laws and regulations governing surrogacy programmes permitted within its legal jurisdictions. Now, before signing up with any surrogacy centre Australia, the intending parents are expected to conduct extensive study in this area.

Is it legal to use a surrogate in Australia?

Surrogacy is legal in Australia, however each state has its own set of laws and regulations for managing and monitoring all surrogacy operations that fall under its legal jurisdiction. Apart from having their own legal frameworks, all of these states adhere to the same set of fundamental principles, which are outlined below.

• Before opting for a surrogacy programme, couples must demonstrate that they are unable to conceive or carry the baby themselves, as well as provide all required documents in this regard (not applicable in some states)
• the surrogate mother has complete control over her health and wellbeing during surrogacy programmes, and is free to make decisions in this regard, regardless of the agreement signed with the intended parents.
• In all states, only altruistic surrogacy is authorised, and the intended parents must fund all of the surrogate mother’s expenditures, including pregnancy, delivery, and additional medical expenses.
• Once the baby is delivered, the surrogate mother and her partner will be identified as the legal parents of the child in the state of birth. The intended parents must then petition the court for child custody, which is how they can become the legal parents of the kid born.

You may use the table below to obtain a better understanding of the surrogacy regulations in different Australian states.

Is it legal in Australia to use a surrogate for same-sex parents?

Surrogacy laws vary by state in Australia, and only some states and cities, such as Sydney, Melbourne, Victoria, South Australia, and New South Wales, allow surrogacy for same-sex parents within their legal jurisdictions. Furthermore, commercial surrogacy remains illegal in the state, and the surrogate mother cannot be compensated in any way for the surrogacy services provided to the intended parents via surrogacy clinics in Australia.

What is the best way to begin the surrogacy procedure in Australia?

First, look for a surrogate mother.

The couples are not permitted to hunt for a surrogate mother in Australia through advertisements or other means; instead, they must rely on their relationships or other social media sites. Furthermore, before bringing the surrogate mother on board for the surrogacy programme, the couples must verify the surrogate mother’s personal information and history. This is where working with a surrogacy clinic australia is highly advised.

The surrogate mother is screened and tested.

According to most Australian states’ legal rules, the surrogate mother must be examined and evaluated for any physical or psychological disorders that might affect the child’s future growth and well-being. This is where you will need to engage an Australian surrogacy agency for the same aim. Even if you aren’t, look into the surrogate mother’s background in the following areas.

• The surrogate mother must have successfully borne a child in the past, with no health concerns.
• She must not have any physical or psychological issues.
• She must be of optimal height and weight;
• She must be willing to go through the lengthy surrogacy procedure, which includes several tests and diagnoses;
• Her family must be fully supportive of her desire to carry the child for the intended parents.