Become a surrogate

A surrogate is someone who agrees to give birth for someone else.

In the Northern Territory (NT), only non-profit surrogacy is legal. Read more about surrogacy in the NT.

Why become a surrogate

You might decide to become a surrogate if you:

• have had trouble conceiving
• have seen friends or family struggle to have a family
• want to support families.

A surrogate is often someone known to the intended parent/s. Some intended parents find a surrogate through online forums or surrogacy support groups.

Surrogates tend to be:

• physically and mentally healthy
• following a healthy lifestyle
• motivated to help others
• prepared to be known as the birth mother to the child.

Rights

As a surrogate, your rights are protected by law.

You:

• have the same rights to manage the pregnancy and birth as any other pregnant person
• will be the child's legal parent at birth
• can choose to keep the baby - you can't be forced by law to give the baby to the intended parent/s
• can be compensated by the intended parent/s for reasonable costs related to:
  • entering a surrogacy arrangement
  • conceiving and carrying the pregnancy
  • giving birth.

What to consider

Being a surrogate can be rewarding and challenging. It's important to consider the medical, financial, legal, practical and emotional impacts on you, your family and the child.

One of the most important decisions is who you will be a surrogate for. The relationship with the intended parent/s during and after the surrogacy arrangement and your relationship with the child.

Before starting the process, think about the following.

Costs

Intended parent/s can't pay surrogates in the NT, but they can pay for reasonable costs you may incur when you:

• enter a surrogacy arrangement
• conceive and carry the pregnancy
• give birth.

You and the intended parent/s agree on the reasonable costs to pay as part of making the surrogacy arrangement.

Although you can't profit from the arrangement, many intended parent/s are happy to pay for items such as a massage or yoga.

Talk to the intended parent/s in advance to decide what they consider reasonable. Then agree on how payments will be made to you as part of the arrangement.

Types of reasonable costs

Reasonable costs include:

• medical bills
• counselling costs
• legal costs
• income loss
• insurance costs
• costs not paid by Medicare, health insurance or any other scheme
  • Medicare doesn't currently pay the costs of surrogacy
• other out-of-pocket expenses such as travel, accommodation, childcare and postnatal care.

Your relationship with the child

Surrogates are typically known to the child. You should think about the ongoing relationship you will have with the child.

Another thing to consider is if you decide to keep the baby. A surrogacy arrangement can't force you to give your child to the surrogate parent/s. This is one of the reasons why counselling is required for all parties.

When you agree to become a surrogate

You will first have a consultation with a fertility specialist. This can also include the intended parent/s.

The specialist will:

• discuss your medical history
• order tests
• talk about fertility treatment options.

Counselling

You must get counselling:

• before you enter a surrogacy arrangement
• after the birth of the baby and
• before the parenting order is made.

Surrogacy arrangement

You'll need to discuss concerns and have a shared understanding of expectations with the intended parent/s and your partner if you have one.

A surrogacy arrangement formalises this understanding. It helps clarify what you both want and what you have to do.

Find out how to enter a surrogacy arrangement.

Register the birth

As the birth parent, you must register the baby's birth.

More information

Find out more on the Fertility Society of Australia and New Zealand website.