Surrogacy Lawyers Melbourne

Surrogacy in Australia is legal in every state and territory, but the rules that govern it are different in each jurisdiction. From pre-approval requirements to parentage order processes, the legal steps you need to take depend on where you live and where the arrangement is carried out. We advise intended parents and surrogates across Australia on the requirements that apply to their specific circumstances.

Is This the Right Service for You?

You may need surrogacy legal advice if:

You are an intended parent considering surrogacy and want to understand the legal requirements in your state or territory before you begin

You have found a surrogate and need legal advice and a surrogacy agreement before proceeding with the approval process

You are a surrogate or a surrogate's partner and need independent legal advice about the arrangement and its legal consequences

Your child has been born through a surrogacy arrangement and you need to apply for a parentage order to transfer legal parentage to you

You are considering international surrogacy and want to understand how Australian law treats children born through overseas arrangements

You are a same-sex couple or single parent planning a surrogacy arrangement and need advice on your eligibility and legal pathway in your state

You need advice on what expenses can lawfully be reimbursed to a surrogate under the laws of your state or territory

Our Surrogacy Legal Services

Independent legal advice for intended parents: We advise intended parents on the legal consequences of the surrogacy arrangement, their rights and obligations, and what the process involves from approval through to parentage transfer. Independent legal advice is a mandatory requirement in every Australian state before a surrogacy arrangement can proceed.

Independent legal advice for surrogates: We advise surrogates and their partners separately on the legal consequences of the arrangement, what they are consenting to, and what protections apply to them throughout the process.

Surrogacy agreements: We draft surrogacy agreements that record the intentions of all parties, the agreed expense arrangements, and the expectations around pregnancy, birth, and the transfer of the child. While surrogacy agreements are not legally enforceable in any Australian state, a carefully drafted agreement is essential for the approval process and reduces the risk of misunderstanding between the parties.

State approval process advice: We advise on the specific approval requirements in your state or territory. In Victoria, pre-approval from the Patient Review Panel is mandatory before any registered ART provider can begin treatment. Other states have their own eligibility criteria and procedural requirements that must be met before an arrangement can proceed.

Parentage order applications: After your child is born, we prepare and file the application to transfer legal parentage from the surrogate to the intended parents. The court, timing requirements, and process differ between states. In Victoria, the application is made to the County Court or Supreme Court between 28 days and six months after the child's birth. We advise on the specific requirements in your jurisdiction.

International surrogacy advice: We advise intended parents considering overseas surrogacy on how Australian law treats children born abroad, the steps required to obtain legal parentage recognition in Australia, and the citizenship and immigration implications.

What to Expect When You Work With Us

Step 1: Tell us your situation.

You speak with one of our lawyers about your circumstances, which state you are in, whether you have found a surrogate, and where you are in the process. We explain the legal pathway that applies to your specific jurisdiction so you know exactly what is required and in what order.

Step 2: We provide independent legal advice.

All parties to a surrogacy arrangement must receive independent legal advice before the arrangement can proceed in any Australian state. We advise intended parents and can refer the surrogate and her partner to a separate lawyer for their own independent advice.

Step 3: We prepare the agreement and assist with the approval process.

We draft the surrogacy agreement and assist with whatever approval process applies in your state. In Victoria that means a Patient Review Panel application. In other states it means meeting the specific eligibility and procedural requirements of the relevant legislation. We advise on what is required before any steps are taken.

Step 4: We apply for the parentage order.

Once your child is born and is living with you, we prepare and file the application to transfer legal parentage from the surrogate to you. The process, court, and timing vary by state and we manage that process based on where you are located.

Why Choose Family Lawyer AU for Surrogacy Matters?

No Hidden Fees

You receive a written cost estimate before we begin any work. No hidden fees, no bill shock, and no ambiguity about what you are paying for.

Nationwide Services

We work with clients across every state and territory in Australia. Whether you are in Sydney, Brisbane, Perth, Adelaide, Melbourne, or anywhere in between, consultations are available by phone and video.

Personalised and Strategic Advice

No two surrogacy arrangements are the same. The structure of your family, your medical circumstances, your relationship with your surrogate, your state's specific requirements, and whether you are pursuing a domestic or international arrangement all shape the legal advice you need. We give you advice built around your specific situation from the very first conversation.

Costs and Timeframes

The legal costs for a surrogacy matter depend on the stage you are at, which state you are in, and what is required. Providing independent legal advice and drafting a surrogacy agreement is typically the first cost. Preparing and filing a parentage order application after birth involves separate legal fees and court filing costs that vary by state. We provide a written estimate for each stage before we begin.

The approval process, counselling requirements, and legal steps all take time and must be completed in the right order before any treatment begins. Parentage order applications are subject to strict timing requirements after your child is born and we advise on those deadlines as part of our initial advice.

Call 1300 717 173 or book online to discuss where you are in the process and what your next legal steps are.

Related Services

Same-Sex Relationships — Legal advice for same-sex couples building families through surrogacy, ART, or donor conception.

Children and Parenting — Parenting arrangements and consent orders where parentage questions arise after surrogacy.

International Family Law — Cross-border parentage, citizenship, and immigration issues for children born through overseas surrogacy.

De Facto Separation — Property and parenting rights for de facto couples who have separated after a surrogacy arrangement.

Prenuptial and Other Financial Agreements — Binding financial agreements for intended parents addressing financial arrangements.

Speak With a Surrogacy Lawyer Today

Surrogacy is one of the most meaningful journeys a family can take. Getting the legal foundations right from the start protects everyone involved, especially the child.

We are based at Level 45, 600 Bourke Street, Melbourne. Consultations are available in person, by phone, and by video.

Call 1300 717 173 or book online. All enquiries are confidential.