The Australian Law Reform Commission has been tasked with conducting "a review of Australian surrogacy laws, policies and practices to identify legal and policy reforms".

Last month, Women's Forum Australia made a submission to the ALRC on its Review of Surrogacy Laws Issues Paper. The next round of submissions will be open when the ALRC publishes its Discussion Paper in November, with its final report and recommendations due to the Attorney-General by 29 July 2026.

You can download our submission on the Issues Paper here or read it below.

By Rachael Wong

New South Wales Parliamentarians, predominantly independent MP Alex Greenwich followed by his merry band of Labor and Greens MPs, have succeeded in erasing women’s rights and protections in NSW and beyond.

Today, we sent the below letter to NSW Premier Chris Minns and Members of the NSW Parliament about the grave concerns that Women's Forum Australia, our supporters and the NSW community, continue to have with regard to independent MP Alex Greenwich's Equality Legislation Amendment (LGBTIQA+) Bill 2023 and his recently proposed amendments:

Today, the NSW Parliament’s Legislative Assembly Standing Committee on Community Services tabled its report inquiring into Independent MP Alex Greenwich’s Equality Legislation Amendment (LGBTIQA+) Bill 2023, recommending that Parliament proceeds to consider the Bill.

It’s been a big couple of weeks for NSW. But first, a quick recap for context.

By Renate Klein

In his offensively titled ‘Equality Bill’, NSW Independent MP Alex Greenwich proposes to – among other things – circumvent the federal ban on commercial surrogacy within Australia.

By Stephanie Bastiaan

This week, New South Wales is set to debate Independent MP Alex Greenwich’s Equality Legislation Amendment (LGBTIQA+) Bill 2023, a component of which seeks to decriminalise overseas commercial surrogacy. While altruistic surrogacy is legal throughout Australia, commercial surrogacy remains illegal (due to concerns regarding the exploitation of women and children), and in NSW, this includes procuring commercial surrogacy arrangements overseas. Greenwich has long been an advocate for surrogacy.

Hollywood actress Jamie Chung recently drew media attention when she revealed that she and her husband made use of a surrogate to give birth to their twin boys, now aged 7 months old, because she feared being “easily forgotten” by the cut-throat entertainment industry in which she works. Chung revealed she was “terrified of becoming pregnant.” 

The Weekend Australian recently featured on its front page a story about the journey Canberra couple Emma and Alex Micallef have undergone to commission a baby in Ukraine. It detailed the obstacles they have experienced along the way, including the logistics of managing such an arrangement in the midst of the country’s ongoing invasion at the hands of Russia (“Miracle of life delivered in a war-torn land far away”).

New surrogacy laws in the Northern Territory that allow adults to commission a child claim to be underpinned by the “principle of the paramountcy of the best interests of the child”. Such a claim is clearly incompatible with an enterprise that will certainly involve separating a child from its gestational mother at birth. What the legislation does – but seems reluctant to say – is that it will prioritise the wish of adults to acquire a child, even though this necessarily involves compromising the interests of the child who, of course, has no say in the arrangements made to “commission” their conception. If the child’s interests enter the equation at all, it can only be after the fact.