The laws relating to surrogacy arrangements within Australia falls within the jurisdiction of state and territory governments, with the majority of jurisdictions having relevant legislation relating to the legal transfer of parentage following surrogacy. Additionally in most jurisdictions, altruistic forms of surrogacy are legal, while surrogacy arrangements that have a commercial aspect are illegal.

The transfer of legal parentage of children born via a surrogacy arrangements will be recognised for the purposes of any proceedings as noted in the Family Law Act 1975(Cth) under orders of a state or territory court (s 60HB).