Building a family through surrogacy, donor conception or adoption is a hopeful and deeply personal journey — and the law that surrounds it in Victoria is careful and quite specific. The legal steps exist to protect everyone involved, above all the child, but they can feel daunting when all you are trying to do is become a parent. I help intended parents, surrogates and donors understand the framework and complete each legal step calmly and correctly.
Surrogacy in Victoria: altruistic only, and tightly regulated
Surrogacy in Victoria is governed by the Assisted Reproductive Treatment Act 2008 (Vic). Only altruistic surrogacy is lawful — commercial surrogacy, where the surrogate is paid a fee beyond reasonable expenses, is a criminal offence. Before any treatment can begin, the arrangement must be approved by the Patient Review Panel, and all parties must have counselling and independent legal advice.
Importantly, a surrogacy arrangement is not a legally enforceable contract — it cannot force a surrogate to hand over a child, or intended parents to accept one. Its real value is in making sure everyone enters the arrangement fully informed, with expectations aligned, which is exactly what the legal advice stage is for.
Becoming the legal parents: the substitute parentage order
At birth, the surrogate (and her partner, if any) are the child's legal parents — not the intended parents. To transfer legal parentage, the intended parents apply to the County Court of Victoria for a substitute parentage order under the Status of Children Act 1974 (Vic). The application is generally made after the child is at least 28 days old and within six months of birth, and the court must be satisfied the order is in the child's best interests.
This is the step that legally completes the journey, and getting the timing and evidence right matters. I guide intended parents through the application so it proceeds smoothly.
Donor conception and adoption
Donor conception raises its own parentage questions, and the law sets out presumptions about who is — and is not — a legal parent where a donor is involved. Adoption in Victoria is governed by the Adoption Act 1984 (Vic) and is dealt with in the County Court. For step-parents and other known-child situations, a parenting order under the Family Law Act 1975 (Cth) is often a better fit than formal adoption, and I will tell you honestly which path suits your family.
These are sensitive matters, frequently bound up with the rest of a blended family's arrangements. Because the firm also handles parenting and estate matters, I can keep the whole picture consistent.
How I handle a surrogacy, donor & adoption matter
- 1A calm, confidential initial conversation about your situation
- 2Clear explanation of the Victorian framework and the steps ahead
- 3Independent legal advice for surrogacy or donor arrangements where required
- 4Preparation and conduct of the substitute parentage order application
- 5Honest advice on whether adoption or a parenting order is the better path
Frequently asked questions
Is surrogacy legal in Victoria?
Altruistic surrogacy is legal in Victoria under the Assisted Reproductive Treatment Act 2008 (Vic), where the surrogate is reimbursed only for reasonable expenses. Commercial surrogacy — paying a surrogate a fee — is a criminal offence. The arrangement must be approved by the Patient Review Panel, and all parties must have counselling and independent legal advice first.
Who are the legal parents of a child born through surrogacy?
At birth in Victoria, the surrogate and her partner are the child's legal parents, not the intended parents. The intended parents become the legal parents only after applying to the County Court of Victoria for a substitute parentage order under the Status of Children Act 1974 (Vic), generally once the child is at least 28 days old.
Do surrogates and donors need their own lawyer?
Yes. In Victoria, surrogacy arrangements require all parties — intended parents and the surrogate — to obtain independent legal advice and counselling before treatment begins, under the Assisted Reproductive Treatment Act 2008 (Vic). This protects everyone and ensures the arrangement is entered into with full understanding.
Is adoption or a parenting order better for a step-child?
It depends on the family. Adoption in Victoria under the Adoption Act 1984 (Vic) permanently changes legal parentage, while a parenting order under the Family Law Act 1975 (Cth) allocates parental responsibility without severing the other parent's legal status. For many step-families a parenting order is the better fit, and I can advise on which suits your situation.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-06-21.
This page is general legal information about surrogacy, donor & adoption in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.