Barriers for domestic surrogacy and challenges of transnational surrogacy in the context of Australians undertaking surrogacy in India

Louise Johnson, Eric D Blyth, Karin Hammarberg

Research output: Contribution to journalArticleResearchpeer-review

6 Citations (Scopus)


The ethical, social, psychological, legal and financial complexities associated with cross-border travel for reproductive services are gaining attention internationally. Travel abroad for surrogacy, and the transfer of gametes or embryos between countries for use in a surrogacy arrangement, can create conflict in relation to the rights of the parties involved: commissioning parents, surrogates and their families, gamete and embryo donors, and children born as a result of the arrangement. Australian surrogacy laws are restrictive and limit access to domestic surrogacy. Despite the introduction of laws in some Australian jurisdictions that penalise residents entering into international commercial surrogacy arrangements, hundreds of Australians resort to surrogacy arrangements in India and other countries each year. This article discusses legislation, policy and practice as they relate to Australians? use of surrogacy in India. It reviews current surrogacy-related legislation and regulation in Australia and India and existing evidence about the challenges posed by transnational surrogacy, and considers how restrictive Australian legislation may contribute to the number of Australians undertaking surrogacy in India.
Original languageEnglish
Pages (from-to)136 - 154
Number of pages19
JournalJournal of Law and Medicine
Issue number1
Publication statusPublished - 2014

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