Reproductive Laws in Australia

  • givfadmin
  • April 24, 2013 9:35 pm


The Australian federal government has limited IVF treatment to heterosexual couples, although single women apparently will be treated. For couples, a stable relationship is enough for requesting fertility treatments. Embryo freezing is permitted for up to 5 years after which time they will be destroyed. Sex selection is banned in every state except for New South Wales. PGD is only available to reduce the risk of transmitting a genetic condition.

Egg/Sperm Donation

Egg donation is permitted but no compensation is allowed.Due to current laws, anonymous sperm donors can only donate to 5 families. As a result there is long waiting list for anonymous sperm recipients. All donors are required to put their details on the donor registry and donors must be available to offspring once they reach the age of 18. Discussions are also taking place considering compensation to increase the donor pool size.


Altruistic gestational surrogacy, meaning the surrogate is not paid above medical expenses, is permitted in all Australian states except Tasmania. In Tasmania a bill legalizing altruistic surrogacy is in the upper house, having already passed through the lower house. Therefore, most surrogacies that have been permitted in Australia are with the assistance of a family member. Many states treat commercial surrogacy as a criminal offence. However, some states allow overseas commercial surrogacies with laws varying throughout the country, state-to-state. Gay couples had been denied access to surrogacy throughout the country, although this is beginning to change.

Disclaimer: Reproductive laws are a relatively new legal area and are in constant flux throughout the world. It is often hard to obtain current and accurate information, and we are always updating information on our site. Anyone pursuing reproductive assistance abroad should contact lawyers and clinics directly to confirm the current status in that country and any legal restrictions that might apply. GlobalIVF does not claim any accuracy for the information printed below and cannot be held responsible for any inaccuracies. If you have additional or conflicting information please contact us and we will update our site.

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