Review of Surrogacy Laws: Discussion Paper
2 February 2026
On 19 January 2026, the Law Council provided a submission to the Australian Law Reform Commission (ALRC) in response to a Discussion Paper as part of its review of surrogacy laws.
Our submission was informed by input from the Law Society of the Australian Capital Territory, Law Society of New South Wales, Law Institute of Victoria, as well as guidance from the National Human Rights Committee, Migration Law Committee of the Law Council’s Federal Dispute Resolution Section, and the Law Council’s Family Law Section.
The Law Council welcomes the ALRC’s consultative approach and supports many of the directions explored in the Discussion Paper. We particularly endorse the emphasis on the rights and best interests of the child, protections for the rights of surrogates and intended parents, and the need to reduce legal fragmentation and complexity. The submission focuses on matters relating to:
- a nationally consistent legal and regulatory framework for surrogacy;
- the human rights framework for the ALRC’s proposals;
- legal parentage, including the right to seek a declaration, the determination of legal parentage and consideration of a simpler pathway to legal parentage;
- streamlined processes for returning to Australia, including in relation to citizenship and statelessness; and
- other practical considerations, including supports for surrogacy arrangements and for when a child is born.
The Law Council would welcome further engagement as the ALRC’s review progresses.
Last Updated on 04/02/2026
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