Surrogacy and Money in Australia: What’s Actually Allowed?

Let’s talk turkey – can a surrogate get paid in Australia?

Short answer? Not really. But also... sort of. Confused already? Fair enough – most people are. This is one of those legal grey zones where the law says one thing, but people think another entirely. And when you're dealing with something as big – and personal – as surrogacy, you want the facts. No fluff. No legalese.

So here’s the deal: in Australia, surrogates can’t be paid just for carrying a baby. That’s called "commercial surrogacy" – and it’s illegal across every Aussie state and territory (with some quirky exceptions when it comes to overseas arrangements). But there’s a twist...

Wait, so what can a surrogate get?

They can be reimbursed. That’s the key word. Not paid. Reimbursed. As in – out-of-pocket stuff. Medical costs. Travel. Maternity clothes. Counselling. Childcare for their own kids if they’re off at an appointment.

Basically, if the pregnancy costs them money, they shouldn’t be left out of pocket. Makes sense, right? But it gets trickier when you start talking about compensation for things like time, discomfort, or emotional labour. That’s where the law draws a hard line.

So no “thank you” money? Not even a gift?

Here’s where most people get tripped up. You’re not supposed to offer a financial incentive. No cash bonus at the end. No “payment” for the pregnancy. But small gifts? Maybe. Flowers, a thoughtful present, a family dinner – things with sentimental value, not cash value.

Now, technically, any financial benefit outside direct expenses could be seen as crossing into commercial territory. And that’s where lawyers get twitchy.

But honestly? A lot of intended parents want to show their gratitude. It’s human. You’re asking someone to carry your child – of course you’d want to say thank you in a meaningful way. The law just wants to make sure it’s about love, not money.

Real talk: what sort of expenses are we talking about?

Alright, let’s get specific. Here's the kind of stuff that usually counts:

• Medical appointments – GP visits, fertility treatments, scans
  
  

• Maternity wear – yep, those stretchy jeans aren’t cheap
  
  

• Medications – vitamins, supplements, prescriptions
  
  

• Counselling sessions – before, during, and after
  
  

• Legal fees – both sides need independent advice
  
  

• Travel – petrol, parking, sometimes flights if rural
  
  

• Childcare – for the surrogate’s own kids while she’s at appointments
  
  

• Time off work – maybe, if it’s directly related to medical advice
  
  

But – and this is a big but – it all needs to be documented. Proper receipts. Clear records. No “off the books” stuff. Transparency is everything.

What about loss of income?

Ah, the controversial bit. Can a surrogate be compensated for time off work? Sometimes yes, sometimes no.

Depends where you live.

Some states allow for income loss to be reimbursed if it's due to the pregnancy and medically advised. Others get funny about it – they worry it starts to look like a wage.

This is one of those areas where you really, really need solid legal advice. Because if you get it wrong, the whole arrangement could be declared invalid. And nobody wants that.

Why does Australia ban commercial surrogacy anyway?

Good question. The idea is to protect women from being exploited – especially vulnerable ones. Lawmakers want surrogacy to be a gift, not a gig.

But the system isn’t perfect. It can make things awkward and stressful. Some surrogates feel unsupported. Some intended parents feel helpless. And sometimes the line between compensation and exploitation gets blurry.

Still, that’s the law for now. If you're doing surrogacy here, you have to play by the altruistic rulebook.

Overseas surrogacy – different ballgame?

Completely. Countries like the US, Ukraine, or Georgia have full-on commercial surrogacy systems. Agencies, contracts, fixed payments. It’s a very different vibe.

But bringing that arrangement back to Australia? Whole other can of worms. Citizenship, parentage orders, ethics, immigration – it’s complicated. Definitely not something to dive into without a top-tier international surrogacy lawyer in your corner.

What if someone slips a bit of extra cash under the table?

Honestly? Not a great idea.

If a surrogacy arrangement is found to be commercial – even just a whiff of it – it could be thrown out. That means no parentage orders, no legal recognition, and a world of legal headaches down the track.

Thing is, authorities don’t go snooping unless there’s a reason. But if something goes wrong – and tensions can run high in surrogacy – everything gets scrutinised. Bank transfers. Text messages. Gifts. All of it.

So what does this mean for you?

If you're thinking about surrogacy in Australia – as a surrogate or intended parent – the golden rule is: keep it above board. Every cent. Every agreement. Get legal advice early. And make sure everyone’s on the same page emotionally too, not just financially.

Because at the end of the day, this isn’t just about money or legalities. It’s about families. About trust. And about doing something incredibly generous, in a way that’s safe for everyone.

FAQ – Real questions, real answers

Can a surrogate be paid in Australia?
No, commercial surrogacy is illegal. Only reasonable out-of-pocket expenses can be reimbursed.

What counts as an allowable expense?
Medical costs, travel, maternity clothes, legal advice, counselling, and sometimes loss of income (if approved).

Can intended parents give a gift?
Small tokens of appreciation might be okay, but anything with significant financial value can be risky.

Is income loss ever covered?
In some states, yes – if the time off work is medically necessary and documented.

Do both parties need lawyers?
Absolutely. It’s a legal requirement in most states. Each side must get separate legal advice.

What happens if money changes hands unofficially?
It could make the arrangement invalid and cause serious legal consequences. Not worth the risk.

How do overseas surrogacy laws differ?
Some countries allow full commercial surrogacy – but returning to Australia with a child from overseas adds legal complexity.

Need clarity? Talk to a surrogacy lawyer who gets it

Surrogacy law in Australia is a bit of a minefield. Every state has its own twist. The rules can feel inconsistent. And emotions run high.

If you're thinking of starting this journey – or already knee-deep in it – it’s worth getting guidance from a legal expert who specialises in this space. Someone who knows the emotional side too, not just the paperwork.

Page Provan are specialists in Australian and international surrogacy law. They can help you do things properly, fairly, and without sleepless nights worrying about what you might’ve missed.

This article is general information only and not legal advice. Always consult a qualified legal professional for your specific situation.