Surrogacy for intended parents

Surrogacy is a way for individuals and couples to make their families.

In the Northern Territory (NT), any person, of any sex, relationship status or sexual orientation can be an intended parent and make a surrogacy arrangement.

When to consider surrogacy

People may consider surrogacy:

• if they find it difficult to become pregnant, carry a pregnancy or give birth
• for medical or other reasons, such as:
  • sexuality or gender identity
  • risk of harm to the pregnant person
  • risk of a serious genetic disorder, disease or illness being transmitted to a child
  • where pregnancy or giving birth could harm the intended parent more than expected.

Find out more about surrogacy.

How to find a surrogate

The first challenge can be finding a suitable surrogate. A surrogate can be:

• a friend
• family member
• someone you find through a surrogacy support group.

To increase the chances of finding a surrogate, you can:

• let your friends and family know you're considering surrogacy or looking for a surrogate
• ask a friend or family member to be a surrogate
• sign up with a local surrogacy support group or online forums.

It can be difficult to ask for help with surrogacy. Connecting with other people who have completed a surrogacy process may help you.

Meeting and choosing the surrogate

Before meeting and choosing a surrogate, think about how you want the surrogacy arrangement to proceed.

You'll need to discuss concerns with the surrogate and have a shared understanding of expectations.

This includes an understanding of:

• the surrogate’s rights and reasonable costs
• decision-making throughout the pregnancy
• how the pregnancy will be conceived
• possible termination of pregnancy
• vaccination
• birthing options and a birth plan
• any ongoing relationship after the child is born.

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.

Surrogate's rights

The surrogate has the same rights to manage the pregnancy and birth as any other pregnant person.

They will be the child's legal parent at birth.

A surrogate can choose to keep the baby. They can't be forced by law to give it to the intended parents.

Reasonable costs

You can't pay a surrogate in the NT, except for the reasonable costs of:

• entering a surrogacy arrangement
• conceiving and carrying the baby
• giving birth.

Reasonable costs may include:

• medical bills
• counselling costs
• legal costs
• income loss
• insurance costs
• other out-of-pocket expenses such as travel, accommodation, childcare and postnatal care.

The parties agree on the costs to be covered and how payments will be made as part of the surrogacy arrangement.

Conception and pregnancy

There are different ways a surrogate can become pregnant. Read about the different types of surrogacy.

More information

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