Surrogacy

What is surrogacy?

Surrogacy is when a woman (called a surrogate), carries a baby for another person or couple (the intended parent/s).

Who can apply?

You can apply to transfer parentage if the child was born in Victoria.

If the child was born in another state or territory, contact the Registry in that state or territory.

The process to transfer parentage on the child’s Victorian birth certificate depends on whether the child was:

• Conceived in Victoria, or
• Conceived in another state or territory.

Child conceived in Victoria

When a child is born through surrogacy:

1. Surrogate mother (and her partner, if any): At birth, the surrogate is the legal mother. Her partner (if she has one) is the other parent. They must register the baby's birth under their own names.
2. The intended parents must apply to the County Court of Victoria(opens in a new window) for a Substitute Parentage Order. This changes the birth record to show you as the parents.
   You must apply between 28 days and six months after the baby is born.
3. If the County Court approves the application, it will send us the Substitute Parentage Order and your contact information.

4. BDM will email the intended parents to register the birth.
   In the email we will give you a surrogacy reference number. When you register the birth, you'll need to:

   • enter the surrogacy reference number
   • let us know details of any donor treatment details.

   You can order a birth certificate when you register or later.

5. After you register the birth, please let BDM know by replying to the email that has the surrogacy reference number.
6. BDM will close the first birth registration. We'll create a new birth registration showing the intended parents as the baby's parents.

Register a birth

For more information about surrogacy, visit the Department of Health.

Child conceived in another state or territory of Australia

There is a different process if:

• The child was conceived through surrogacy in another Australian state or territory
• The child was born and registered in Victoria, and
• You (and the other intended parent, if there is one) have a corresponding Surrogacy Parentage Order from the other state.

Process for transferring parentage

1. Surrogate mother (and her partner, if any): At birth, the surrogate is the legal mother. Her partner (if she has one) is the other parent. They must register the baby's birth under their own names.
2. The intended parents must apply for a corresponding surrogacy parentage order.
3. The intended parents then apply to the Victorian County Court for a Registration Order. We recommend that you get legal advice before applying.
4. The intended parents must notify the Secretary of the Department of Justice and Community Safety of the application. You must do this in writing via registered or tracked post.
5. The County Court will decide if it can make a registration order, based on the tests in the legislation.
6. If the County Court approves your application, it will email you a signed copy of the registration order documents. It will also send you a printed copy in the mail.
7. The County Court will then provide a copy of the orders to us to update the official Register.

8. BDM will email the intended parents to register the birth.
   In the email we will give you a surrogacy reference number. When you register the birth, you'll need to:

   • enter the surrogacy reference number
   • let us know details of any donor treatment details.

   You can order a birth certificate when you register or later.

9. After you register the birth, please let BDM know by replying to the email that has the surrogacy reference number.

Register a birth

For more information, visit the County Court.

Read the Court’s information about Interstate Parentage Registration Orders.