Practitioners and firms are encouraged to provide submissions to the Australian Law Reform Commission (ALRC) discussion paper on surrogacy laws, which was released this month.
The discussion paper sets out proposed reforms of surrogacy laws for feedback and also asks questions. Feedback can be submitted until 19 December 2025.
The ALRC’s Discussion Paper contains 41 proposals for reforms, along with 24 questions seeking feedback on how proposed reforms could work.
Proposals include:
- Creating a nationally consistent legal and regulatory framework for surrogacy, with oversight by a national regulator;
- Safeguards that must be complied with before a surrogacy arrangement begins;
- Financial and other support;
- Appropriate domestic pathways to legal parentage;
- For overseas surrogacy arrangements, if intended parents have gone through certain steps to register the arrangement, they can access a streamlined process for the child to obtain citizenship and passport documents;
- Information about the surrogacy arrangement available as an addendum to the birth certificate and via a surrogacy register.
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