The Australian Law Reform Commission has opened public submissions for its Review of Surrogacy Laws after releasing an Issues Paper that sets out 27 questions for stakeholders and proposes guiding principles for reform.
ALRC Assistant Commissioner Associate Professor Ronli Sifris said: “I am pleased to have published our Issues Paper for the Review of Surrogacy Laws. This is a valuable opportunity to hear from people with personal experience of surrogacy and stakeholders about the direction of the Inquiry. Importantly, the Issues Paper also suggests the principles and approach that should guide our work in this Inquiry. I encourage anyone with an interest, expertise, or experience in surrogacy to read the Issues Paper and make a submission.”
ALRC President the Hon Justice Mordy Bromberg said: “Surrogacy is an important area for law reform given the lack of consistent laws across Australian states and territories, and because of the growing number of children born via surrogacy, which is increasingly being accessed overseas. Public feedback on the Issues Paper, particularly from those who have experience of surrogacy, is vital to informing our reform thinking.”
The Issues Paper outlines proposed principles to steer the inquiry, including respect and dignity, accessibility, pragmatism, harm minimisation, harmonisation and human rights, with a particular focus on the rights of the child. It invites feedback on those principles and on key topics such as:
– Barriers to Domestic surrogacy
– Legal parentage of children born through surrogacy
– Citizenship, passports and visas for children born through surrogacy overseas
– Oversight and harmonisation
Individuals and organisations can lodge submissions until 11 July 2025. The Issues Paper draws on early consultations, including consideration of approaches in other countries and advice from an expert Advisory Committee.
A Discussion Paper setting out options for reform is slated for late 2025, ahead of a final report to the Attorney-General due by 29 July 2026. The review was referred to the ALRC by the Commonwealth Attorney-General on 6 December 2024, with terms of reference directing the Commission to consider laws, policies and practices across jurisdictions and to identify reforms that promote human rights and support uniform or complementary state, territory and Commonwealth frameworks.
The inquiry is led by ALRC President the Hon Justice Mordecai Bromberg, Assistant Commissioner Associate Professor Ronli Sifris and the ALRC Inquiry team. The Issues Paper and terms of reference are available on the ALRC website.
