Embassy of Australia
United States of America

Surrogacy

If you are applying for a passport for your child born as a result of a surrogacy arrangement, you must lodge a completed child passport application form (Overseas Passport Application PC8 if lodging overseas), and provide all required documents at the passport interview.  You must also complete a Form B4 – Child born through surrogacy. Any false/misleading information used in a passport application may result in a criminal investigation.

Written consent must be provided by each person with parental responsibility for your child, including the surrogate mother (also referred to as birth mother or gestational carrier), before a passport can be issued (see Parental consent below).

Parental consent

Australian laws governing the issue of passports to children are designed to protect children from abduction and to safeguard the rights of all people with parental responsibility. In order to complete the passport application, written consent must be provided by each person with parental responsibility for your child under Australian law (see Application with full parental consent below). The following written consents should be obtained after the child’s birth and provided as part of the passport application:

• each of the intended parent/s; and

• the surrogate mother. 

Where persons with parental responsibility are in separate locations, those who are not lodging the passport application may provide written consent through their nearest passport office or Australian diplomatic mission or consulate.

If you are unable to provide all necessary consents, you may request that the application be referred to a delegate in the Australian Passport Office for consideration under ‘special circumstances’.  Additional documentation is required.

Australian court order

Where an Australian court order permits the child to travel internationally, a passport may be issued even in the absence of full parental consent.

Where you have an Australian court order granting you parental responsibility for your child, you may lodge without the consent of the surrogate mother. However, you should note that even where an Australian court order recognises the parental responsibility of the intended parents, the surrogate mother may still retain her parental responsibility. You will be contacted if further information is required to process the application.

Foreign court order

Foreign court orders, even if they remove parental rights of a person, do not override the parental consent requirements under Australian passport law. However, all foreign court orders should be submitted with the application as supporting documentation (including official translations if the orders are not written in English). They may be taken into account when assessing the application. Please refer to the Australian Passport Office’s Children and Parental Consent Brochure for further information on foreign court orders.

 

For more detailed information about applying for a passport for a child born as a result of a surrogacy arrangement, including the B4 and B5 forms, please click here.