Surrogacy on the rise in SA

The Sunday Mail - 11 May 2025

It's legal: More hopeful Aussie parents turn to surrogacy

Surrogacy is on the rise in South Australia with many more hopeful parents turning to surrogacy arrangements now than a decade ago, according to a leading surrogacy law specialist.

Simone Cureton, a principal solicitor at Adelaide’s Equal Justice Lawyers who has twice been a surrogate herself, estimates there are now between 10 and 15 surrogacy arrangements in South Australia each year.

“I think surrogacy is generally being spoken about more, people are sharing their stories and its been in the media more which all helps in highlighting that not only is surrogacy legal but that it can be an amazing way to have a family,” she said.

She said the misconception surrounding surrogacy was “that it is not legal”.

“Both gestational (surrogate is not genetically-connected to the child – that is, egg of intended parent or donor egg) and traditional (surrogate uses her egg and carries the pregnancy) arrangements are legal in South Australia.” she said.

“The guiding principle of the Surrogacy Act 2019 (SA) is that the best interests of any child born through a surrogacy arrangement are the paramount consideration ... and the surrogacy mother should not be financially disadvantaged as a result of her involvement in the arrangement,” she said.

Ms Cureton, who is advocating for uniform laws across the nation, said a list of criteria had to be met, including that those involved were all aged at least 25 and specific counselling was undertaken.

As the law stands, the surrogate is registered as the legal parent on the baby’s birth certificate with parentage later transferred through a legal process.

“I think (these orders) should be made preconception so that once a baby is born, the intended parents register their child’s birth and are reflected on the birth certificate,” Ms Cureton said.

“This would save costs … (and ensure) the court is in a position to consider the arrangement prior to a baby being born,” she said.

The Australian Law Reform Commission is currently reviewing Australian surrogacy laws and policies and practices with the final report due in July next year.