Victoria

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

Intended parents Surrogate
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

Requirements

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 is not genetically related to the child.
  • The surrogate has previously given birth to a live child.
  • All parties to the agreement have received counselling.

Enforceability

  • Surrogacy arrangements made in Victoria cannot be enforced anywhere in Australia

Payments in surrogacy arrangements

Allowed Not allowed
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

Advertising

  • 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)

Parentage

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 childs 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.
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