Meet the Brisbane couple who’ve been trying for a baby for more than 15 years. Lately their journey has placed them squarely in the middle of a legal controversy concerning their international surrogacy contract. In 2024, the couple happily welcomed their first child, born to a 37-year-old surrogate who had given birth outside the US. This predicament has led to crucial debate over Australia’s surrogacy legislation.
Their couple to the Family Court first, parenting order. Their child was born of a paid surrogacy contract. An Australian donor egg and the sperm of a certain man from Brisbane were used to create the embryo. The implantation was done in early 2023. This harrowing situation developed as they were trying to grow their family after years of infertility.
Legal Context of Surrogacy in Australia
Under Australian law, commercial surrogacy is illegal. Residents of Queensland, New South Wales (NSW) and the Australian Capital Territory (ACT) cannot enter into commercial surrogacy arrangements abroad. This prohibition is aggressively enforced in these areas. Despite this promise of a legal framework, many couples, such as the Brisbane pair, have been forced to seek out international surrogacy alternatives.
The couple had signed a commercial surrogacy agreement with an overseas, for-profit company. Under this deal, they were obligated to pay no less than 84,000 euros—approximately $140,000. This financial commitment certainly has sparked conversations around Australia’s domestic surrogacy laws. It highlights a number of critical issues for partners struggling with infertility.
Queensland police have since confirmed that the Brisbane couple will not face charges in their surrogacy case. This decision followed an investigation by the Fortitude Valley Criminal Investigation Branch, which recommended charges be laid but later dropped the idea of prosecution. Much is still unclear from this monumental decision. It questions whether current legislation around surrogacy acts in the best interests of both parents and surrogates.
Calls for Surrogacy Law Reform
As the incident continues to develop, many specialists in the field have rallied to call for changes to Australia’s surrogacy legislation. Sam Everingham, a director with Growing Families, emphasized the necessity of change, stating, “We don’t have a good enough surrogacy system here in Australia.” His comments showcase the deep, pervasive concern about the status quo framework. Many argue it doesn’t go far enough to provide real, flexible help for Australian families.
Everingham further criticized the existing legal landscape: “Penalising people for responding to that lack of appropriate surrogacy infrastructure in Australia is just crazy.” His remarks underline the urgency for legislative updates that would allow couples to pursue domestic options without facing legal repercussions.
In Australia, the Australian Law Reform Commission (ALRC) is currently conducting an inquiry into the country’s surrogacy laws. Look for their final report by July 29, 2026. Tens of thousands of supporters hope this review will lead to transformative reform. These reforms should address both ethical concerns and pragmatic interests in reforming surrogacy.
Perspectives on International Surrogacy
Those experts are engaged in a lively discussion about this case, and its implications. They highlight with alarm the increasing number of Australians going overseas for international surrogacy. One advocate noted, “It is far preferable for Australians not to have to resort to international surrogacy,” highlighting the emotional and ethical complexities involved in these arrangements.
Another expert remarked on the need for a thorough overhaul of existing regulations: “Significant reform and advances must be made for domestic surrogacy.” This sentiment represents a rapidly coalescing consensus among the public. They argue that existing laws are inadequate to protect intended parents and to uphold the rights and health of surrogate mothers.
