The Victorian legislation guiding surrogacy arrangements are set out in the Assisted Reproductive Treatment Act 2008 (Vic), which can be found on the Victorian Legislation website.
Who may enter into a surrogacy arrangement
|Must be at least 18 years old||Surrogate must be at least 25 years old|
|–||Must have previously carried a pregnancy and birthed a child|
|Must be residents of Victoria||Does not need to be resident of Victoria|
The Patient Review Panel must be satisfied that:
- The intended mother is unlikely to become pregnant or be able to carry a pregnancy; or the life of the intended mother or the baby could be at risk if the she were to become pregnant, carry the pregnancy or give birth.
- The surrogate has previously given birth to a live child.
- All parties to the agreement have received counselling.
- Both gestational and traditional surrogacy arrangements are permitted.
- Surrogacy arrangements made in Victoria cannot be enforced anywhere in Australia
Payments in surrogacy arrangements
|Intended parents may reimburse their surrogate for costs connected to the surrogate pregnancy and birth||Commercial surrogacy arrangements are prohibited in Victoria, and it is considered an offence to intentionally enter into a commercial surrogacy arrangement|
- It is illegal for intended parents to advertise their need for a surrogate (this includes posting something online).
- It is illegal for surrogates to advertise their desire to act as a surrogate (this includes posting something online)
At birth, the surrogate is recognised as the birth mother of the child, and if she has a husband or partner they are recognised as the child’s other parent. Intended parents can apply to the Supreme Court for a Parentage Order no earlier than 28 days after birth, and no later than six months following birth.
Preconditions to Parentage Orders
For intended parents to make an application for a parentage order in Victoria there are several mandatory requirements:
- The order is in the child’s best interests.
- The intended parents are living with the child.
- The intended parents are living in Victoria at the time of making the application.
- The surrogacy arrangement was pre-approved by the Patient Review Panel.
- The surrogate and her partner (if she has one) consent to the order being made.
- All parties received counselling and information regarding the legal circumstances or the arrangement.