I am a surrogate

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I am a Surrogate

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I am a Surrogate

Surrogacy is an arrangement where a woman (surrogate) agrees to carry and give birth to a child on behalf of another person or couple (the intended or commissioning parent/parents).

As a surrogate, your generous gift may give somebody the chance to start a family. While it is an incredible gift, offering to carry a baby for someone is a big decision. Beyond meeting the eligibility criteria, you will need to consider the many physical, emotional, and legal issues involved.

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Surrogacy in Australia

In Australia, surrogacy arrangements must be altruistic. Surrogacy arrangements in Australia offer many benefits compared to those overseas, including that Australia has a high standard of regulated healthcare and legal protections which ensure the surrogate is known to the intended parents and the child.

Surrogacy in Australia also poses fewer legal challenges regarding immigration, citizenship, and recognition of parentage. Additionally, if donor gametes are required, there is an increased likelihood of the donor’s identity being available to the child. This can be beneficial for a range of reasons, including for the exchange of medical information later in life.

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Surrogacy Arrangements

There are two types of surrogacy arrangements:

Gestational surrogacy

In gestational surrogacy the surrogate’s egg is not used in conception, so the surrogate (gestational carrier) has no genetic link to the baby and is not the biological mother.
The embryo transferred into the surrogate may be created using the intended parents’ sperm and egg, or donor embryos may be used.

Traditional surrogacy

In traditional surrogacy an egg from the surrogate is used. Fertility treatment, either artificial insemination or IVF, is used with the intended father’s sperm.
In traditional surrogacy, the surrogate carries the pregnancy and gives birth to a child that they are genetically related to.

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The Process

There are several pathways to becoming a surrogate. Most surrogates conceive through in vitro fertilisation (IVF), although artificial insemination may also be an option in some circumstances.
Whichever pathway is used, surrogacy is a significant commitment. It involves medical assessments, fertility clinic appointments, counselling, pregnancy, childbirth, and many other important steps along the way.

The chance of having a baby through surrogacy depends on a range of factors, including:
• the age of the person providing the egg or sperm
• the age of the surrogate
• the lifestyle of the surrogate and egg or sperm providers
• the quality of the embryo which is transferred to the surrogate.

Surrogacy arrangements are medically, financially, emotionally and legally complex. The laws affecting surrogacy vary between Australian states and territories, and also internationally. It is important to seek local independent legal advice about your surrogacy arrangements.

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Am I Eligible?

Under the Assisted Reproductive Treatment Act 2008, to receive treatment as a surrogate through a registered fertility clinic, a person must:

be at least 25 years old

have previously been pregnant and given birth to a live child

not use her own eggs in the surrogacy arrangement

not be paid other than being reimbursed for expenses

Surrogates are preferably:

25-40 years old already mothers who have finished their family
both physically and mentally healthy and leading a healthy lifestyle
motivated by a desire to help others
prepared to be identified to the child as required by Victorian legislation
responsible and settled. It is advisable that a surrogate’s life is stable with a good support network. Existing stressors (e.g. relationship or job related) are likely to be compounded by the demands of surrogacy and pregnancy.
all parties, including partners (if any) must also undertake counselling and obtain independent legal advice

Following the birth, you will need to complete the legal process to transfer parentage so that you are no longer recognised as the child’s legal parent on their birth certificate. You are not responsible for providing financial support or maintenance for a child born through surrogacy, and the child does not have a legal claim on your estate.

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Things to Consider

Being a surrogate is both rewarding and challenging. It is important that you have thought carefully about the medical, financial, legal, practical and emotional implications for you and your family, and the consequences for the child who would be born from this arrangement.

You will undergo a range of medical procedures including fertility treatment, as well as pregnancy and birth; each with associated risks. You should be comfortable with undergoing fertility treatment, taking medications, injections, internal ultrasounds, embryo transfer procedures and discussing sensitive details. Fertility treatment may not always result in a pregnancy, you may have a pregnancy loss or require a number of treatment cycles.

Within Australia, it is illegal to be paid to be a surrogate beyond medical and other reasonable expenses. Medicare does not currently subsidise the costs of surrogacy in Australia and as such these need to be covered by the prospective parent(s).

Other practical considerations to think about:

Your Motivation

Why do you want to be a surrogate?

Your age

Medical complications increase the older you are. Discuss this with your medical specialist, particularly if you are older than 40.

Your Health

Have your previous pregnancies been healthy? Do you have any medical conditions or lifestyle choices that might affect a pregnancy?

Your Work

Will your workplace be supportive and flexible regarding medical and counselling appointments after the birth?

Your life

Is this the right choice for you and your family? Is this the right time? It can take a long time to complete all the steps before treatment commences. How much time are you prepared to commit to this?

Your Support Network

Do you have the complete support of your partner, children and extended family?

Your Children

How will you explain the pregnancy and your relationship with the surrogate child to your children?

One of the most important and lasting decisions you make as a surrogate is which couple you choose to help create a family. This can have lasting effects on you and your family. The relationship with the prospective parent(s) can have a significant effect throughout the surrogacy arrangement.

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Finding Intended Parents

Laws throughout Australia prevent people from advertising or publishing their willingness to act as a surrogate. Most commonly, someone known personally to the intended parents acts as the surrogate. However, some prospective parent(s) find a surrogate through online forums or surrogacy support groups.

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We’re Here to Support You

We understand the needs of same-sex couples, and are here to offer you the help and support you require. Many same-sex couples are part of our Facebook group, which we welcome you to join.

DISCLAIMER: We are a fully volunteer-run organisation. If you find any information on this website you believe is incorrect or needs updating, please let us know at hello@artfam.com.au.

Acknowledgement of Country

ARTFam & ASMBC acknowledge the Traditional Custodians of the land on which we live, work, and build our families. We pay our respects to the Elders past and present, and we honour the strength, knowledge, and enduring connection that Aboriginal and Torres Strait Islander peoples have to family, community, culture and Country.

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