According to all Australian jurisdictions, only altruistic surrogacy is legal. In all Australian states commercial surrogacy is a criminal, although the Northern Territory has no clear legislation concerning surrogacy and there are no plans to introduce such law in nearest future.

Since 1 January 2010, under the Assisted Reproductive Treatment Act 2008 to make altruistic surrogacy within the state legal, however commercial surrogacy is illegal.

Similarly, in both New South Wales and the Australian Capital Territory, altruistic surrogacy is legal under the Surrogacy Act 2010 No 102 and the Parentage Act 2004, respectively.

In Western Australia (under the Surrogacy Act 2008) and South Australia (under the Family Relationships Act 1975) altruistic surrogacy is only legal for couples consisting of the opposite sex (single people and same sex couples are banned from altruistic surrogacy).

According to the law (under the altruistic surrogacy legislation), the surrogate mother must be at least 25 years old and she must have own child (it cannot be her first pregnancy).