Pathways to Parenthood

Australia’s current pathways to parenthood are outdated, fragmented and disproportionately disadvantage LGBTQ+ people and families. 

There is a patchwork of inconsistent laws around the country, the worst being in WA which still bans altruistic surrogacy for gay or single men. 

But the laws in every state and territory fail to provide equitable access to parenthood regardless of a person’s gender, sexual orientation or relationship status. 

Many families are forced overseas at significant cost, leaving their children in legal limbo. Parents through surrogacy are often denied legal recognition, creating problems when they try to get their child: 

  • Passports 
  • Healthcare 
  • Medicare or Centrelink 
  • Childcare 
  • Enrolled in school  

No child should be discriminated against or disadvantaged because of how they were conceived – and every child deserves the emotional, legal and financial security that comes with recognition of their family. 

Our work

Equality Australia advocates for more equitable pathways to parenthood for LGBTIQ+ people, including: 

  • Fair and consistent surrogacy laws across the country. 
  • Safeguarding the rights of children in rainbow families, including their right to have their family recognised and treated equally. 
  • Responding to legislative efforts to unreasonably restrict access to ART (in particular donor conception). 
  • Medicare coverage for assisted reproductive technology treatments (ART), including for treatments involving surrogacy. 
Our work in this space aims to:
  • Respect and uphold the autonomy and agency of surrogates. 
  • Improve access to domestic surrogacy through safe, ethical and affordable arrangements here in Australia. 
  • Centre the rights of children born in rainbow families, including their right to know their genetic heritage and siblings.  
  • Draw on decades of clear evidence that diverse families and their children are thriving, regardless of how they were formed. 

We believe all families should be able to access legal frameworks that affirm their relationships, uphold the rights of surrogates and support the best interests of children. 

The Federal Government has initiated a review of the country's surrogacy laws to “modernise and harmonise” them across states and territories, and ensure they align with human rights principles. 

The Australian Law Reform Commission is expected to provide its final report to the Federal Government by July 2026. 

You can read our submission here.

Check out our submission on the ART Act in NSW here.