The Australian Law Reform Commission has been tasked with a sweeping review of the nation’s surrogacy laws, policies and practices, after receiving Terms of Reference from the Attorney-General, Mark Dreyfus KC. The inquiry will seek reforms to deliver uniform or complementary state, territory and Commonwealth laws that are consistent with Australia’s international obligations and that protect and promote the human rights of children born via surrogacy, surrogates and intending parents, with the best interests of children paramount.
The Commission has been asked to examine how to reduce barriers to Domestic altruistic surrogacy, including ensuring surrogates are adequately reimbursed for legal, medical and other expenses incurred as a consequence of the surrogacy. It will also consider how Australian law should address arrangements made overseas; the appropriate recognition of legal parentage for children born overseas through surrogacy and how citizenship, visa and passport requirements may be aligned; and what information should be available to children, including what should appear on birth certificates to meet Australia’s human rights obligations under the Convention on the Rights of the Child.
“The ALRC is pleased to be asked to review this important and complex area of law. Surrogacy in Australia brings together issues of law, medicine, technology, ethics and human rights, and a Review of Surrogacy Laws requires sensitivity, nuance and expertise.
“The ALRC has a strong track record undertaking detailed and comprehensive reviews, and conducting extensive consultation with the community, people with lived experience and experts in the field. We look forward to providing the Attorney-General with evidence-based recommendations for reform.”
The ALRC has been directed to deliver its final report to the Attorney-General by 29 July 2026. The Commission said it will undertake extensive consultation as part of the process.
The review comes amid long-standing differences in state and territory approaches to surrogacy and ongoing debate about how Australia should respond to cross-border surrogacy and ensure clarity around parental recognition and documentation for children born overseas.
Further details, including the Terms of Reference and inquiry page, are available at https://www.alrc.gov.au/inquiry/review-of-surrogacy-laws/ and https://www.alrc.gov.au/inquiry/review-of-surrogacy-laws/terms-of-reference.
