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The Australian Law Reform Commission is currently reviewing Australia’s surrogacy laws to ensure they’re fit for purpose and reflect the population’s current views.
One aspect being considered is whether surrogates should be allowed to receive financial payments for gestating a fetus on behalf of another person or couple.
The commission’s final report is expected in July.
There are several types of potential surrogacy arrangements. Let’s look at how they work, what might work best in Australia, and how an appropriate payment could be determined.
Only ‘altruistic’ surrogacy is allowed
Surrogacy laws are inconsistent across Australia but no state or territory allows surrogates to be paid for their services.
However, reimbursement for reasonable expenses associated with the pregnancy and birth are allowed.
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Currently, only “altruistic” surrogacy arrangements are permitted. This means the surrogate volunteers to carry the pregnancy and receives no financial incentive or compensation for the time or risk involved.
Other countries that only allow altruistic surrogacy include the UK, Canada, Greece and South Africa.