Can I pay my surrogate?

In Australia, commercial surrogacy is prohibited, which means that surrogate mothers cannot receive a commercial benefit from the intended parents. This does not mean that the surrogate mother is out of pocket. Intended parents are responsible for covering a range of expenses incurred by the surrogate that are associated with the surrogacy arrangement.

In Victoria, the expenses that can be reimbursed include:

Counselling; legal; medical; travel; accommodation; child-care; loss of wages (up to a limit); and insurances (private health, life and disability insurance).

We provide advice to all clients as to what expenses can be reimbursed depending on which state the intended parents live.

Nicole Russell is a specialist surrogacy and fertility lawyer advising heterosexual and LGBTIQ+ individuals and couples to achieve their dreams of becoming parents. Nicole provides specialist legal advice on all aspects of Australian and international surrogacy arrangements and fertility legal issues including the use and transport of donor gametes. Nicole is based in Melbourne and acts for clients in all Australian states and territories. Nicole is an IVF warrior and a mum through surrogacy in Australia.