ACT introduces new surrogacy laws

From July 2024, new laws came into effect in the Australian Capital Territory (ACT) to allow more people access to surrogacy and bring the ACT's surrogacy laws more in line with other Australian jurisdictions.

The Parentage (Surrogacy) Amendment Act 2024 (ACT) made changes to the surrogacy laws in the ACT to provide that:

• single people in the ACT are now able to pursue surrogacy. There is no longer a requirement that two intended parents enter into a surrogacy arrangement
• there is no longer a requirement that one intended parent have a genetic connection with the child. This means that couples where both parties experience infertility can pursue surrogacy arrangements. The egg and sperm can both come from donors, and traditional surrogacy (where a surrogate conceives a child using their own egg) is permitted
• the child no longer needs to be conceived in the ACT. This means that parties are able to access assisted reproductive technology services outside of the ACT if they prefer
• both intended parents and surrogates are now allowed to advertise or procure altruistic surrogacy. However, it will still be a criminal offence to advertise in relation to commercial surrogacy
• the requirements for surrogacy arrangements, including rights and responsibilities, have been clarified.

These new laws are a positive development for people in the ACT. They have removed discriminatory barriers that previously prevented people from accessing altruistic surrogacy, and provide a structured framework for surrogacy arrangements that are largely consistent with other Australian jurisdictions.

If you would like to discuss surrogacy arrangements and your legal rights, please contact a member of Lander & Rogers' experienced family and relationship law team.