Altruistic surrogacy arrangements are legal.
‘Reasonable costs’ may be associated with
(a) becoming or trying to become pregnant,
(b) a pregnancy or a birth, and/or
(c) entering into and giving effect to a surrogacy arrangement.
They may include costs associated with the surrogate mother’s medical treatment, travel or accommodation; health, disability or life insurance that would not have been obtained otherwise; loss of earnings as a result of unpaid leave; entering into the agreement; and/or costs associated with the surrogate mother and her partner (if any) undergoing counselling; receiving legal advice; and being a party to proceedings in relation to parentage orders (including reasonable travel and accommodation costs).
Commercial surrogacy agreements that involve the provision of a fee, reward or other material benefit or advantage to a person in relation to entering into a surrogacy agreement, giving up a child, or consenting to the making of parenting orders are prohibited and subject to significant fines and/or up to two years in prison.
It is also prohibited to travel to another jurisdiction (for example overseas) to engage in commercial surrogacy arrangements, because the law has extraterritorial effect.