Advertising for a surrogate

In most states of Australia, advertising for a surrogate is prohibited (except NSW where it is permitted so long as the advertisement was not paid for).

“Advertising” may include simply publishing a statement to the effect that you are seeking a surrogate. This captures social media posts and media articles authored by a journalist or other third party.

In Victoria, the Patient Review Panel (PRP) will consider whether advertising has occurred when deciding whether to approve a proposed surrogacy arrangement. If the PRP takes the view that advertising has occurred, it can, and has, referred the parties to Victoria Police for investigation.

If you are found to have advertised, you also prejudice your ability to obtain a Parentage Order after the child’s birth. This does not mean that you cannot use social media at all as a means of connecting with a surrogate. Stay tuned for our next post which will give you some tips on how to safely use social media to find a surrogate.

Nicole Russell is a specialist surrogacy and fertility lawyer advising heterosexual and LGBTIQ+ individuals and couples to achieve their dreams of becoming parents. Nicole provides specialist legal advice on all aspects of Australian and international surrogacy arrangements and fertility legal issues including the use and transport of donor gametes. Nicole is based in Melbourne and acts for clients in all Australian states and territories. Nicole is an IVF warrior and a mum through surrogacy in Australia.