Going overseas for surrogacy: What Australian families risk

In Australia, about 130 to 150 babies are born each year through surrogacy within the country. Yet in the most recent financial year, 377 children were born overseas through surrogacy to Australian families, the highest number ever recorded.

This gap tells an important story. More families are choosing to go overseas to have a child through surrogacy. For many, this decision comes after years of heartbreak, infertility or medical challenges. Surrogacy can bring immense joy. But it is also one of the most complicated ways to build a family, and many families do not fully understand the risks until they are already deep into the process.

As doctors who work closely with women, babies and families, we are increasingly seeing the consequences of these decisions, not in theory, but in real life.

What is surrogacy?

Surrogacy is when a woman carries and gives birth to a baby for another person or couple, known as the intended parents.

Most surrogacy today involves an embryo created through IVF, where the surrogate does not have a genetic connection to the baby. This is now the most common and accepted form. Surrogacy is usually considered only when pregnancy is not possible or would be unsafe, or for male same-sex couples and some single parents.

For most families, surrogacy is not a first choice. It comes after years of trying, loss and emotional exhaustion.

What does the law in Australia say?

In Australia, surrogacy is allowed only on an altruistic basis. This means the woman carrying the baby can have her pregnancy-related expenses covered, but she cannot be paid beyond that.

Commercial surrogacy, where money is paid for carrying a baby, is illegal across Australia. These laws exist to protect women and children from being treated as commodities.

One important fact many families do not realise is that the woman who gives birth is considered the legal mother at birth, even if the baby is genetically related to the intended parents. Legal parenthood can only be transferred later through a court process, once all legal steps have been followed.

If Australians take part in commercial surrogacy overseas, they are usually not recognised as the legal parents when they return to Australia. In some states, entering such arrangements may even be a criminal offence.

Why are families going overseas?

Despite domestic surrogacy being legal, far more Australians choose to go overseas. Families are often told the process will be faster, easier and more certain. Agencies promote smooth systems and clear outcomes.

Common destinations include the United States, Canada, Georgia, Colombia, Ukraine and Mexico.

But overseas surrogacy often looks simpler than it truly is.

Legal and travel problems families face

Children born overseas through surrogacy are not automatically Australian citizens. Parents may need to spend months overseas applying for visas, citizenship and passports, often while caring for a newborn in a foreign country.

Overseas court documents are not always accepted in Australia. Laws in other countries can change suddenly, leaving families stuck. When this happens, there is often very little the Australian Government can do to help.

These delays and uncertainties are incredibly stressful at a time when families should be bonding with their newborn.

Health issues that can be missed for babies

In Australia, newborn babies routinely receive health checks that many parents assume happen everywhere. These include early blood tests, hearing checks, protection against bleeding, and vaccinations given at birth.

In some overseas settings, these checks may not happen, may be delayed, or may not be properly recorded. When families return home, doctors sometimes must urgently work out what was done and what was missed. In some cases, this happens after the best time to pick up certain problems has already passed.

This can cause unnecessary anxiety and, in rare cases, serious health consequences.

Concerns about exploitation and children’s rights

Around the world, there is growing concern that commercial surrogacy can lead to exploitation, especially in countries with weak laws.

There have been documented cases of women being pressured into surrogacy, not receiving proper care, or being paid very little compared to what families pay agencies. Some children have been left without clear citizenship, or without access to information about their biological origins.

International organisations, including UN Women, have warned that commercial surrogacy can increase inequality and treat women and children as products rather than people.

One important principle is often forgotten in emotional discussions about surrogacy: there is no legal “right to a child.” A child is a human being with rights, not something that can be bought or guaranteed.

Is there a safer way?

Surrogacy carried out within Australia, under altruistic arrangements, is more closely regulated. It involves counselling, independent legal advice and court oversight. While the process can be slow and challenging, these safeguards exist to protect everyone involved, especially the child.

A message to families

Surrogacy can be an extraordinary act of generosity and a deeply meaningful way to build a family. But it should never be rushed or based only on promises made by agencies or intermediaries.

Before making any decision, families should seek independent Australian legal advice, counselling and trusted medical guidance.

The most important question is not:
“Will this give us a baby?”

It is:
“Does this pathway truly protect the child we hope to welcome into our family — now and in the future?”

That question deserves honest answers, before the journey begins.

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