The Australian Law Reform Commission (ALRC) is examining surrogacy regulation to harmonise laws with international obligations and protect human rights, especially children's best interests. Over 400 submissions reveal complex legal scenarios, ethical dilemmas, and stories of desperate families.
Desperate Journeys for Parenthood
Ethan and his wife underwent nine rounds of IVF in Melbourne and two more in Spain without success. After considering South America and northern Cyprus, they chose Ukraine, spending $125,000 for surrogacy and $60,000 on travel. Their daughter is now nine months old, and they remain in contact with the surrogate via chat group. Total costs from first IVF to having a child reached about $450,000.
The Department of Foreign Affairs and Trade (DFAT) reports over 1,300 children born through offshore surrogacy received Australian citizenship in the past five years. Costs range from under $50,000 in high-risk unregulated nations to over $300,000 in highly regulated developed countries. DFAT notes about 5% of children born by surrogacy to Australians are abandoned, translating to more than 18 babies annually.
Ethical and Legal Challenges
The National Health and Medical Research Council (NHMRC) states altruistic surrogacy is acceptable, but commercial surrogacy is ethically unacceptable due to concerns about commodification and exploitation. Lawyer Sarah Jefford, author of More Than Just a Baby, supports financial compensation within a strong legal framework with informed consent. She notes that most Australian surrogacy arrangements are altruistic with friends or family, but those without a willing surrogate turn to social media or overseas options. About three in four choose overseas surrogacy, risking exploitation.
Jefford says, "The best thing we can do about that is make it safer in Australia, where we can protect the rights of women and children." She emphasises the need for regulation to make surrogacy more accessible and safer domestically.
Opposition and Religious Views
Conservative and religious groups submitted vehement opposition. FamilyVoice cites factors like delayed childbearing and abortion as increasing infertility. The Australian Christian Lobby argues children should be raised by their two natural, married parents. ADF International calls for a global moratorium on surrogacy, citing exploitation of women, as seen in India where surrogacy was outlawed after accusations of exploiting poor women.
ALRC Proposals and Timeline
The ALRC discussion paper includes 41 proposals for more consistent regulation and streamlined processes to bring children home. It is not considering an absolute ban. The final report is due on 29 July. Jefford, who was a surrogate herself, says, "I am 'pro' having people make informed decisions. And that includes making reproductive decisions such as having a baby [as a surrogate] and not raising it."
