Surrogacy in South Australia

Consultation Process

Now closed

This online engagement was hosted on YourSAy from 15 November 2018 to 15 February 2019. Below is a record of the consultation process.

You are invited to provide feedback on both the South Australian Law Reform Institute (SALRI) report into South Australian surrogacy laws, and the draft Surrogacy Bill 2018.

What is being decided?

The government has developed a draft Surrogacy Bill 2018, reflecting the recommendations in SALRI 's report into South Australian surrogacy laws.

We are inviting interested South Australians to provide feedback on both the SALRI report recommendations, and the draft Surrogacy Bill 2018. 

The report makes recommendations aimed at providing a regulatory framework that maintains the distinction between commercial and non-commercial surrogacy, and clarifying the current system to facilitate lawful domestic surrogacy arrangements.

The Bill is a work in progress, as some policy and other matters are still under development. We want to hear your opinion about the recommendations in the report and the draft Bill so far, and any further areas that should be considered for inclusion in the Bill.

Feedback is sought from families that have first-hand experience of surrogacy, those who have legal experience in the area, interested experts and members of the community.

How can your input influence the decision?

Your feedback will be used to help produce a Bill that manages surrogacy in a suitable way for the South Australian families it impacts.

We look forward to frank and open discussion from everyone who has an interest in surrogacy.

The final surrogacy bill will be introduced to State Parliament in 2019.

Get involved

Feedback is sought from families that have first-hand experience of surrogacy, those who have legal experience in the area, interested experts, and other members of the community.

Have your say by:

• joining the online discussion
• emailing a written submission to surrogacy@sa.gov.au
• mailing a written response to:

Attorney-General’s Department
C/- Legislative Services
GPO Box 464
Adelaide SA 5001.

Contact details

For general inquiries, please email surrogacy@sa.gov.au. The mailbox is monitored during business hours of 9am - 5pm, Monday to Friday.

Closing date: Friday 15 February 2019.

Background

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.

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.