Review of Surrogacy Laws: Discussion Paper
19 January 2026
The Law Council of Australia appreciates the opportunity to respond to the Discussion Paper published by the Australian Law Reform Commission (ALRC) as part of its Review of Surrogacy Laws.
The Discussion Paper builds on the ALRC’s Issues Paper,1 to which the Law Council responded on 31 July 2025,2 and outlines options to improve how surrogacy is regulated in Australia, seeking feedback to refine these options. We understand that this Discussion Paper is less detailed than the Final Report will be,3 and that the Final Report is due to be delivered to the Attorney-General in July 2026.
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. This 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 encourages the ALRC to maintain a child-centred, rights-based and nationally coherent approach in its final recommendations, particularly in areas where complex ethical and practical considerations remain unresolved. Given the breadth of legislative interaction and scope of reform contemplated by the Discussion Paper, it is important that its questions and proposals are considered cohesively and not in isolation in order to be meaningfully addressed. This may include, for example, a thorough legislative cross-analysis of the various relevant frameworks.
The Law Council would welcome the opportunity to provide further assistance as the review progresses.
1 Australian Law Reform Commission, Review of Surrogacy Laws (Issues Paper 52, June 2025).
2 Law Council of Australia, Review of Surrogacy Laws: Issues Paper (Submission, 31 July 2025).
3 Australian Law Reform Commission, Review of Surrogacy Laws (Discussion Paper 89, November 2025) 1.
Last Updated on 20/01/2026