Surrogacy: ill-conceived rights

J Law Med. 2002 Nov;10(2):198-220.


Despite the fact that altruistic surrogacy arrangements occur in Australia, the law does not adequately regulate many important aspects of such arrangements. Failure to regulate surrogacy leaves infertile couples contemplating such treatment, as well as clinics dealing with them, in an unsatisfactory position. This article examines the law that operates in Australian States and Territories (and the problems associated with them) as well as in New Zealand, the United Kingdom and some United States jurisdictions, considers whether the argument against surrogacy arrangements can be legitimately sustained in modern times, and examines some regulatory regimes that seem to be working satisfactorily elsewhere in the world.

Publication types

  • Review

MeSH terms

  • Australia
  • Child
  • Child Custody / legislation & jurisprudence
  • Child Welfare
  • Female
  • Human Rights / legislation & jurisprudence*
  • Humans
  • New Zealand
  • Parent-Child Relations
  • Pregnancy
  • Surrogate Mothers / legislation & jurisprudence*
  • United Kingdom
  • United States