On this page:

  1. What Is Surrogacy?
  2. Types Of Surrogacy.
  3. What Is Altruistic Surrogacy?
  4. What Is A Recognised Surrogacy Agreement?
  5. Who Can Surrogacy Work For?
  6. Surrogacy Has Limiting Eligibility.
  7. The Medical Risks Of Surrogacy.
  8. Find Out More.

What Is Surrogacy?

Surrogacy is an arrangement in which a woman:

  1. Agrees to become pregnant, and
  2. Surrenders custody of and the right to a child born as a result of the pregnancy to 2 other people.

In South Australia altruistic surrogacy was “legalised” as of 26 November 2010. Commercial surrogacy of any form remains illegal in South Australia.

In certain, strictly defined circumstances couples are, now able to enter into an altruistic Surrogacy Arrangement after signing a Recognised Surrogacy Agreement.

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Types Of Surrogacy

Gestational surrogacy is where in which the surrogate mother carries a pregnancy and delivers a child that is created from the egg and the sperm of the commissioning parents and /or donor egg and /or donor spermand/or donated embryos in any combination. The surrogate mother is not genetically related to the child and acts only as a gestational carrier for the pregnancy.

Traditional surrogacy is where the surrogate mother either undergoes In Vitro Fertilisation (“IVF”) or Intra Cytoplasmic Sperm Injection (“ICSI”) with sperm from the commissioning male or from a sperm donor. The surrogate mother provides the eggs and is therefore genetically related to the child.

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What Is Altruistic Surrogacy?

Altruistic surrogacy means a practice whereby a woman agrees, for no financial gain, to become pregnant and surrender custody of and the right to a child born as a result of the pregnancy to 2 other people.

Specific expenses incurred, associated with the pregnancy and birth, may be reimbursed by the commissioning parents.

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What Is A Recognised Surrogacy Agreement?

A Recognised Surrogacy Agreement is an agreement prepared by lawyers under which a woman agrees to become pregnant and surrender custody of and the right to a child born as a result of the pregnancy to 2 other people.

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Who Can Surrogacy Work For?

  1. Where a man or woman in a heterosexual relationship appears to be infertile.
  2. Where cancer treatment which has compromised your fertility.
  3. Where there is a risk of a genetic defect being transmitted to a child conceived naturally.
  4. Where a deceased man has given prior written consent confirming posthumous use of sperm embryo or fertilised ovum by specified recipient.
  5. Where a single woman or a woman in a same sex relationship appears to be infertile.
  6. Where a man or a woman has a medical condition for which either the treatment or the condition itself may render a person infertile in the future.

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Surrogacy Has Limiting Eligibility

The availability of surrogacy is currently limited under South Australian Legislation.

However amendments to the Legislation were finalised recently removing infertility as a requirement for treatment, and a clause included prohibiting discrimination on the basis of the sexual orientation, gender identity, marital status or religious beliefs.  This means that surrogacy will be available to same sex couples and singles.

We understand that the amendments will not take effect until 21 March 2017.  Please visit our site on or around that date to find out more.

The commissioning parents (the person or persons who intend to rear the child borne by the birth mother) must:-

  1. Be legally married (not open to same sex couples or singles); or
  2. Have cohabited continuously together as defacto husband and wife for the period of 3 years immediately preceding the date of the Recognised Surrogacy Agreement (“Agreement”),
  3. or for the periods aggregating not less than 3 years during the period of four years immediately preceding the date of the Agreement.
  4. Be domiciled (have their principal place of residence) in South Australia.
  5. Have the fertilisation procedure carried out in South Australia.

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The Medical Risks Of Surrogacy

There are certain medical risks involved with surrogacy. These risks are similar to those that may be experienced with all other methods of assisted reproductive treatment.

For further information, please open or download our "IVF Booklet" (pdf 2.39MB) or contact the Flinders Fertility Surrogacy Coordinator for a copy of our Surrogacy Booklet.

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Find Out More

At Flinders Fertility we recognise that a website may not cover all your information requirements.  That's why we offer a number of information options. So, if you want to find out more about surrogacy, either:

  1. Call on 131 IVF (131 483) to talk to one of our Surrogacy Coordinator.
  2. Email us at
  3. Seek a referral to Flinders Fertility from your Doctor.

If you require the aid of an interpreter please let us know, as well as any specific regional dialect that you may require.

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