Adoption & Surrogacy Lawyers

Eligibility criteria for prospective adoptive parents vary by state and territory, but generally you must be at least 18 years old, an Australian citizen or permanent resident, and in good physical and mental health. Serious criminal convictions can disqualify applicants from adoption. In New South Wales, eligibility criteria does not depend on whether an applicant identifies as male, female or non-binary , though requirements differ across jurisdictions. Because adoption laws and certain criteria vary significantly depending on where you live and the type of adoption you're pursuing, we strongly recommend speaking with experienced adoption lawyers like us early to assess whether you meet the requirements before beginning the adoption application process.

There are several pathways to adopt a child in Australia. Step-parent adoption is one of the most common, allowing a step-parent to obtain legal parental rights over their partner's child. Foster carer adoption provides a permanent home for children already in care. Known child adoption applies where a pre-existing relationship exists between the child and the prospective adoptive parents. Relative or intrafamily adoption is available in certain circumstances.

Adoption laws and procedures vary by state and territory. In the ACT and New South Wales, the two jurisdictions we primarily advise in, the process involves multiple stages, from completing an expression of interest form and being assessed as a fit and proper persons, through to court proceedings where a final adoption order is granted. The process often requires extensive paperwork including background checks, medical reports, and in some cases coordination with government departments. Adoption can take many years to complete. Our adoption lawyers manage every stage, including preparation of court documents and obtaining a new birth certificate confirming your child's legal status once the adoption is finalised.

In most cases, yes. Adoption requires consent from the child's birth parents. However, the court has the power to dispense with parental consent in exceptional circumstances, such as where a birth parent cannot be located or where exceptional circumstances exist that make dispensing with consent appropriate in the interests of the child. The Supreme Court will carefully assess all circumstances before making an adoption order. We provide legal advice to both adoptive parents and birth parents on their legal rights throughout adoption proceedings, and handle sensitive consent matters with the discretion and care they deserve.

Surrogacy gives individuals who are unable to give birth the opportunity to have a child. Australian surrogacy laws protect the human rights of children born of surrogacy, their surrogate mothers and intended parents.

Altruistic surrogacy is legal in all states and territories and is surrogacy without commercial reward or profit for the surrogate (with the exception of the surrogate’s expenses covered with no other payment provided or personal profit made).

Whereas commercial surrogacy is where the surrogate receives more than their reasonable expenses. This is illegal in Australia.

A surrogacy agreement is a legal document drafted before the surrogacy arrangement begins. It sets out the rights and responsibilities of the surrogate and the intended parents, covering matters like expenses, what happens if the relationship between the parties breaks down, and other practical considerations for the arrangement. It is important to understand, however, that a surrogacy agreement does not override the surrogate's right to make her own medical decisions during pregnancy, and the agreement alone does not transfer legal parentage.

Once the child is born, the intended parents must apply for a parentage order through the court. A parentage order transfers legal parentage from the surrogate to the intended parents, establishing them as the child's legal parents in the eyes of the law. Until that order is made, the surrogate is legally recognised as the child's parent.

The requirements for both surrogacy agreements and parentage orders vary depending on your state or territory and the type of arrangement, so it is essential to get legal advice before entering into any surrogacy arrangement, not after.

No. Commercial surrogacy, where a surrogate receives payment beyond reasonable expenses, is prohibited across Australia, and in most states and territories it is a criminal offence. In jurisdictions including NSW, Queensland and the ACT, these laws can extend to commercial surrogacy arrangements entered into overseas, meaning you could face criminal liability even for arrangements made in another country. Only altruistic surrogacy is permitted, where the surrogate is reimbursed for genuine out-of-pocket costs, though what qualifies as reasonable expenses differs by state. Given the serious legal consequences involved, obtaining advice specific to your location before making any decisions is essential.

Known donor arrangements, where the recipient knows the identity of the person donating sperm or eggs, are relatively common in Australia, particularly for LGBTQI+ couples and single parents. Whether a formal donor agreement is legally required depends on your state or territory, but regardless of where you live, having one in place is strongly recommended. A well-drafted donor agreement sets out the expectations of all parties, including whether the donor intends to have any legal recognition as a parent and what ongoing relationship, if any, they will have with the child. We also advise on unknown donor arrangements and IVF and assisted reproduction technology, helping you understand the legal implications of each pathway before you commit.