Now is the Moment for Surrogacy Law Reform in Australia
The Australian Law Reform Commission (ALRC) was recently instructed by the Australian Attorney-General to undertake an inquiry into surrogacy laws across the country.
Wait… what does that actually mean?
The ALRC is an independent Australian Government agency that provides recommendations for law reform to the Australian Government. While its suggestions don’t become law automatically, more than 85% of ALRC reports have been fully or partially implemented, making the commission a pretty influential agent for legal reform in this country.
The terms of reference for the surrogacy inquiry ask the ALRC to review existing laws, policies, and practices and to suggest reforms, especially where national consistency between states, territories, and the Commonwealth might be possible.
The focus is on ensuring:
Compliance with international law and conventions
Protection and promotion of the human rights of everyone involved in surrogacy, noting that the best interests of children are paramount.
In particular, the ALRC has been asked to consider:
Reducing barriers to domestic altruistic surrogacy in Australia, including ensuring that surrogates are properly reimbursed for medical, legal, and related costs.
How surrogacy arrangements made outside of Australia should be addressed by Australian law.
How to recognise the legal parentage of children born overseas via surrogacy, and how to align citizenship, visa, and passport rules accordingly.
What information should be available to children born through surrogacy (including what appears on their birth certificate) in line with Australia’s obligations under the Convention on the Rights of the Child.
Narelle Dickinson Joins the Advisory Committee
We’re proud to share that Lotus’ Clinical Director, Narelle Dickinson, has been appointed to the ALRC’s Expert Advisory Committee. She’ll be joining nine other respected professionals in the Australian surrogacy space, including:
• Dr Alison Gee, Fertility Specialist
• Professor Paula Gerber, Law Faculty, Monash University
• Mr Michael Gorton AM, Consultant,
• Her Honour Judge Alexandra Harland, Federal Circuit Court and Family Court of Australia
• Ms Sarah Jefford OAM, Family Creation Lawyer
• Dr Jaya Keaney, School of Social and Political Sciences, University of Melbourne
• Ms Rachel Oakeley, Barrister
• Mr Stephen Page, Principal, Page Provan Family and Fertility Lawyers, and Secretary, Fertility Society of Australia and New Zealand
• Professor Jens Scherpe, Aalborg Universitet, Denmark
• Mr Ashley Scott, Executive Officer, Rainbow Families Australia
Narelle’s appointment recognises her deep expertise in the surrogacy counselling space, supporting hundreds of surrogates and intended parents across Australia. You may know her from her national and international presentations on fertility issues, including surrogacy. You may also know that in 2015, she also completed a Churchill Fellowship examining the risks of cross-border surrogacy.
Challenging Assumptions: Traditional vs Gestational Surrogacy
What you may not know, is that Narelle’s unrelenting drive to deliver evidence-based surrogacy counselling to her clients meant that in 2023, she led a major research project with a team of psychologists and student volunteers at Lotus Health and Psychology. Together, they tackled a long-standing belief in the field: that traditional surrogacy (TS) is “riskier” than gestational surrogacy (GS). Our (then) administration team member Alana Topsfield led the day to day work of driving this enormous research project.
Since the late 1980s and the fallout from the infamous “Baby M” case, Traditional Surrogacy has been treated cautiously around the world. The concern about Traditional Surrogacy, where the surrogate uses her own oocytes (and has a direct genetic link to the child) stems from the fear that she may struggle to relinquish the child that is genetically her own. In some countries, it’s completely banned. Even in Australia, where it’s legal, some clinics restrict families from undertaking TS arrangements.
Filling the Evidence Gap
Narelle Dickinson, has provided counselling to hundreds of Surrogates and Intending Parents (IPs) but a lack of research in this space meant it was almost impossible to provide genuinely evidence-based counselling. So, we did the research ourselves.
In late 2023, we recruited 84 current and former surrogates to participate in the study. We asked them about:
• their pregnancy experience, including how it compared to the pregnancy/pregnancies of their own child/ren
• their perceived financial, emotional, and physical support from IPs during the pregnancy
• any experience of conflict with the IPs
• their feelings attachment towards the child during the surrogacy pregnancy, and
• their general mental health as a result of undertaking a surrogacy.
In light of the current ALRC Inquiry, it is critical that anyone planning to make a submission bases their responses on evidence. The findings from this large study have been compiled into a book chapter, which is currently awaiting publication. In the meantime, we’ve made it available on the Lotus website, and we’ll be releasing the insights in upcoming blog posts and summaries.
Make Your Voice Heard
We really encourage anyone with a view about surrogacy to provide a submission (we will be!!)
If you care about surrogacy - whether you’re a surrogate, an intended parent, or simply someone with an opinion, now is the time to have your say.
The ALRC will soon release an Issues Paper introducing the inquiry and listing questions for public input. You can answer all or just a few of them. Submissions will be published on the ALRC website, but they’ll be de-identified to protect your privacy.
Submissions can be made via the ALRC website or by email or post, and they’re due by Friday 11 July 2025.
You can read more about the review of Australia’s surrogacy laws, and the Terms of Reference, on the ALRC website. You can also subscribe to the ALRC for updates to be kept informed as the review progresses.
Why This Matters
This is likely a once-in-a-generation opportunity to help build a surrogacy framework in Australia that’s fair, safe, and inclusive. One that improves access and protects the rights of surrogates, intended parents, and, most importantly, children born through surrogacy.
Let’s get it right.