Submission to the Australian Law Review Commission’s Discussion Paper Review of Surrogacy Laws

Child Identity Protection (CHIP) welcomes this opportunity to provide input to the Australian Law Review Commission’s (ALRC) Discussion Paper Review of Surrogacy Laws (Discussion Paper). CHIP appreciates the openness of the ALRC to consider input by accepting two rounds of comments, including on this Discussion Paper by 19 December 2025. CHIP’s response is aligned with its other work on a human rights-based approach to surrogacy under the leadership of its President, Maud de Boer-Buquicchio, former UN Special Rapporteur on Sale and Sexual Exploitation of Children. 

The law review process seeks to have a human rights-based approach. Children born through surrogacy have the same rights as all other children under the United Nations Convention on the Rights of the Child (UN CRC) and the  Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC). This response to the Discussion Paper is thematic rather than comprehensive, grounded in the rights of the child. This Discussion Paper addresses some of these rights, including legal parentage, the right to identity including a register, birth registration and nationality. However, several other human rights obligations appear insufficiently addressed in terms of their implementation in Australia. Of particular concern is that the Discussion Paper does not address the child’s right to human dignity and right to not be sold. It likewise does not comprehensively address all elements of the child’s right to identity.

While the ALRC aims to provide a framework for Australia to meet its human rights obligations in relation to surrogacy, it is clear that there are further opportunities for better alignment and coherency. CHIP remains available to provide further information to help ensure that every child born through surrogacy can enjoy the full spectrum of their rights.