Hospitals lack framework to support surrogacy births

Multiple hands on pregnant belly.
Most hospitals don't have policies in place to support surrogacy births. | Photo: Madison Wi (iStock)

Australian hospitals are unprepared for the increasing wave of surrogacy births, with a recent study showing less than 10 percent had appropriate policies in place.

Study lead author, Charles Darwin University (CDU) Lecturer Kabir Sattarshetty, said surrogacy was becoming an increasingly common pathway to parenthood, yet hospitals were unprepared.

Mr Sattarshetty said the study showed fewer than one in 10 hospitals in New South Wales and Victoria had policies to guide surrogacy births.

He said there was a need for national standards, as a lack of clear guidelines left health professionals, surrogates and intended parents navigating inconsistent care, legal uncertainty and emotional stress.

“Without clear policies, hospitals risk excluding intended parents from delivery rooms, delaying newborn bonding, and creating confusion around feeding and decision-making.

“Families deserve clarity and consistency during one of the most significant moments of their lives.”

Mr Sattarshetty said the report highlighted cases where intended parents had been prevented from entering the birth suite, or surrogates were unable to be discharged without the baby.

He said in some hospitals, staff encouraged surrogates to initiate breastfeeding, overlooking the intended parents’ need to learn bottle-feeding.

Study co-author, Surrogacy & Donor Legal Services Director (VIC) and surrogacy lawyer, Sarah Jefford, said these situations were avoidable.

“Too often, intended parents are sidelined at the very moment they should be bonding with their baby,” Ms Jefford said.

“Clear, family-centred policies would prevent distress for everyone involved.”

Mr Sattarshetty said researchers warned the lack of surrogacy birth care guidelines also risked undermining newborn health outcomes, with key practices such as skin-to-skin contact, parental bonding, and neonatal care protocols inconsistently applied.

“Surrogacy is no longer a passing phenomenon; it is firmly embedded in our social and medical landscape, and all indicators suggest it will continue to expand. Unfortunately, our health system has not kept pace,” Mr Sattarshetty said.

“Comprehensive policies would protect surrogates, support intended parents, and – most importantly – ensure babies born through surrogacy have the best possible start to life.”

Read the full report: Calling for Standardised Surrogacy Birth Care Policies: A Brief Report.