The Religion and Ethics Report - Separate stories podcast Should we legalise commercial surrogacy?
Jul 16, 2025
Dr. Erica Cervini, a writer and commentator on reproductive ethics, dives deep into the complexities of commercial surrogacy. She discusses the ongoing review of Australia's contrasting surrogacy laws and the ethical implications of a booming global industry projected to reach $129 billion by 2032. Cervini highlights the risks of exploitation among surrogates, particularly from disadvantaged backgrounds, and debates the controversial concept of a 'right to a child.' The discussion also touches on troubling practices like 'designer babies' and the industry's focus on intended parents over surrogates' rights.
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Law Reform And A Booming Industry
- Australia's Law Reform Commission is reviewing whether to unify surrogacy laws and consider commercial surrogacy.
- The global surrogacy industry is projected to reach US$129 billion by 2032, highlighting rapid commercial growth.
Ban With State-Level Loopholes
- Commercial surrogacy is currently banned in Australia but practical loopholes vary by state.
- Victoria permits commissioning surrogacy overseas, while other states like New South Wales prohibit it.
Language And Commercial Contracts
- The Law Reform Commission uses gender-neutral language, referring to 'person who gives birth' instead of 'woman' or 'mother'.
- Full commercial surrogacy would formalise payment and contractual terms beyond current altruistic compensation.