Surrogacy in Australia: Myths and misconceptions

Expert Advice 05 Feb 25 By

Emily in Paris star Lily Collins welcomes daughter via surrogate
(Image: Instagram)

Emily in Paris star Lily Collins has joined the list of celebrities who have welcomed a baby via surrogacy. Let’s take a closer look at how surrogacy is regulated in Australia.

Unpacking the myths and misconceptions around surrogacy in Australia reveals a process that is both compassionate and tightly regulated. Despite persistent misunderstandings, surrogacy offers a legitimate pathway to parenthood.

Take the recent announcement by actress Lily Collins, 35, and filmmaker Charlie McDowell, 41, who welcomed their daughter, Tove Jane McDowell, via surrogate. In a heartfelt Instagram post, Lily thanked their surrogate and everyone who supported their journey.

Not everyone celebrated, however. Some critics questioned their choice to use surrogacy. Charlie addressed the negativity directly, writing, “It’s okay not to be an expert on surrogacy. It’s okay to wonder why someone might need a surrogate – but it’s not okay to spread hate, especially when it targets a beautiful baby girl who has brought so much love into our lives.”

Emily in Paris star Lily Collins welcomes daughter via surrogate
Lily Collins’ husband, Charlie McDowell responds to criticism surrounding their decision to use a surrogate: “It’s not okay to spread hate, especially when it targets a beautiful baby girl.” (Image: Instagram)

Celebrity surrogacy isn’t new to the spotlight. In June 2023, Chrissy Teigen welcomed her son Wren Alexander via surrogate – just months after giving birth to her daughter Esti – joining others like Khloe Kardashian, Paris Hilton, and Rebel Wilson.

Unlike in the US – where surrogacy laws vary by state and allow both traditional and commercial arrangements – Australia permits only altruistic surrogacy under strict state-level guidelines. Altruistic surrogacy means the surrogate is not paid for their services, other than for reasonable expenses. 

Understanding surrogacy in Australia

Altruistic surrogacy is possible in Australia, but as it’s regulated by various state-based laws, navigating this form of assisted reproductive technology (ART) can be challenging.

Fertility Specialist from Melbourne IVF, Dr Chandrika Parmar, sheds light on the top five most commonly held surrogacy myths.

“Being a fertility specialist, I’m honoured to help my patients and support them through their conception journey, and sometimes that means guiding them through surrogacy discussions and understanding legislation. Being able to help complete a family through surrogacy is a really special part of my job; the gift of surrogacy really is life-changing for families,” says Dr Chandrika Parmar.

Chrissy Teigen's surrogate Alexandra has given birth to Chrissy's son, Wren Alexander.
Chrissy Teignen welcomed son, Wren, via a surrogate in 2023. (Image: Instagram)

Top five most commonly held surrogacy myths

1. Surrogacy isn’t possible in Australia – MYTH

Surrogacy is complex but possible in Australia. You must follow specific laws and approvals.

In Victoria, a surrogate must have previously given birth to a live child. At Melbourne IVF, we prefer that the surrogate’s baby is at least 12 months old, that she is at least 25, and that her eggs are not used for the child’s conception.

An impartial doctor examines every surrogate to ensure it is safe for another pregnancy and that no risks are involved.

2. Surrogacy in Australia is allowed when there is no medical reason – MYTH

Surrogacy in Australia offers a medical option for those who cannot have or carry a child. Victorian law allows surrogacy if a person cannot get pregnant, carry a child, or if pregnancy risks their health or their child’s health.

Medical guidelines permit surrogacy when the uterus is missing, abnormal, or when conditions like cancer make pregnancy dangerous. LGBTQ+ individuals may also choose surrogacy.

All states and territories allow both gestational and traditional surrogacy, except the ACT, which permits only gestational surrogacy.

Gestational surrogacy involves transferring an embryo created with the intended parent’s or donor’s egg and sperm into the surrogate’s uterus. In these cases, the surrogate has no genetic connection to the child.

Traditional surrogacy involves a surrogate conceiving with her own eggs, with sperm from an intended father or a donor.

Paris Hilton welcomed two children via surrogates
In 2023, Paris Hilton welcomed her children, Phoenix and London, via a surrogate, with the two siblings born just 10 months apart. (Image: Instagram)

3. In Australia, you can pay a surrogate – MYTH

In Australia, it takes a unique individual to become a surrogate, as they cannot be compensated for their services. However, the surrogate may be compensated for medical expenditures and bills.

4. It’s legal for a woman to advertise that she’s willing to be a surrogate – MYTH

Women wanting to be a surrogate cannot publicly indicate willingness to act as a surrogate. Mostly, a surrogate is someone who is known to the intended parents. This enhances the uniqueness of the whole process.

5. Fertility clinics can’t help with surrogacy – MYTH

Surrogacy assistance and programs are offered by fertility clinics. Most IVF clinics offers counselling throughout the process so that not only the individual or couple seeking surrogacy but also the surrogate and their partners, if any, are counselled and supported. If the surrogate has children, a therapist will explain the entire procedure to the children if they are old enough.

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