Surrogacy is a complex and sensitive subject that raises many ethical, legal and other issues and implications. It is a topic that attracts strong and often conflicting views.

After a consultation process that ran from May-June 2018, the South Australian Law Reform Institute (SALRI) has released its report into South Australian surrogacy laws. The report contains 69 recommendations, suggesting changes to existing laws.

Engagement history

SALRI was invited to conduct an inquiry into and report on certain aspects of the present law regulating surrogacy in South Australia, contained in Part 2B of the Family Relationships Act 1975 (SA), and to suggest a suitable regulatory framework for surrogacy for South Australia.

As part of this report, SALRI undertook a significant research and consultation process. You can read background information about the previous consultation including the considerations of the inquiry and laws and matters of particular interest.

SALRI has now provided its report to the government. Click to view the report.

The SALRI report contains 69 recommendations which aim to address issues with the existing law and make further suggestions for change for the government’s consideration. This includes recommendations about the welfare of the child, appropriate counselling and legal advice, ensuring all direct costs associated with the surrogacy agreement are recoverable, and making surrogacy accessible to single people.

The government has developed a draft Surrogacy Bill 2018 reflecting the recommendations in the report and has now opened it for public consultation. Download the Bill.

It is seeking the views and input of all interested parties on both the report recommendations and the draft Bill, to inform a suitable regulatory framework for lawful domestic surrogacy in a standalone Surrogacy Act.