In Australia, surrogacy is heavily regulated by law. Each state and territory is responsible for their own surrogacy legislation, but all have one thing in common: agreements between the intended parents and birth mother are not legally binding, meaning if the surrogate does not wish to give up the child at birth, she has the legal right to change her mind.

For those intending to conduct their surrogacy in Australia, Altruistic Surrogacy is available in all states for heterosexual couples. Gay couples resident in Queensland, Victoria, SA and NSW are able to access altruistic surrogacy in Australia.

Compensated surrogacy (where the surrogate is paid more than expenses) is not allowed in any state of Australia. Overseas Commercial Surrogacy is banned for residents of NSW, QLD and ACT.