Groundbreaking Surrogacy Law Reform Passed in ACT

Groundbreaking Surrogacy Law Reform means more Canberrans, including those experiencing infertility and single people, can now pursue parenthood through altruistic surrogacy.

This week the ACT Government passed the Parentage (Surrogacy) law reform. This milestone in the advancement of reproductive rights better aligns the Territory’s surrogacy laws with those in other Australian jurisdictions.

The Bill includes several key amendments designed to improve access to altruistic surrogacy. It strengthens human rights protections for intended parents, surrogates and children born through surrogacy.

The All Kids Are Equal Campaign, Equality Australia, and Surrogacy Australia enthusiastically welcomed the recent passage of historic amendments, saying:

“At the heart of the newly passed legislation is the principle that all children deserve equal recognition, protection, and access to their legal rights, regardless of the circumstances of their birth. It encompasses provisions to reduce barriers to altruistic surrogacy, strengthen safeguards for all parties involved, and crucially, address the pressing issue of children born through commercial surrogacy overseas.”

Once the Bill is notified, there will no longer be a requirement that there be two intended parents to enter into a surrogacy arrangement. This allows single people in the ACT to consider surrogacy as pathway to parenthood.

There will also no longer be a requirement for any intended parents to have a genetic connection with the child.

The changes remove the requirement that one intended parent be a genetic parent of the child.

They instead allow for traditional surrogacy, where the surrogate themselves is the genetic parent of the child.

This means that:

• couples where both parties may experience infertility can use surrogacy arrangements
• the egg and sperm can both come from donors
• there will be flexibility for an altruistic surrogate to conceive a child using their own egg.

This increases options, especially for people experiencing infertility.

In addition to expanding access, the reforms also:

• Establish a framework to ensure greater protection for everyone involved.
• This includes mandating that all parties seek independent legal advice and counselling before entering an into an arrangement.
• Protect the rights of a surrogate to make decisions about their body. This includes how they look after themselves during pregnancy and choices about the birth of the child.
• Make it easier for intended parents to connect with surrogates by allowing them to advertise for an altruistic surrogate.
• Ensure flexibility about how and where conception occurs, allowing parties to use assisted reproductive technology services of their choice. This includes accessing services outside the ACT.
• Support ACT Courts to continue to make decisions that are in the best interest of the child.

We welcome these reforms and hope to see more laws change across the country, so that no child is punished for the circumstances of their birth. -  Equality Australia