On 21–22 August 2026, the Association Representing Mothers Separated by Adoption (ARMS) hosted a two-day national conference, In the Name of the Child: The Perils of Surrogate Motherhood for Mother and Baby, at the Greg Craven Centre, Australian Catholic University, in Fitzroy, Melbourne.
Women Speak Australia attended the conference, which brought together Australian and international experts, advocates, people with lived experience as surrogate mothers, donor-conceived adults, adoptees, relinquishing mothers and commissioning parents. The program examined surrogacy from a range of perspectives, with particular attention to the experiences of women and children.
The conference took place as the Australian Law Reform Commission approaches the conclusion of its review of Australian surrogacy laws, with its final report expected in mid-September 2026. Against this backdrop, it provided a forum for perspectives critical of current surrogacy arrangements to be heard and considered.
Centring mothers and children
A recurring theme throughout the conference was the importance of considering the experiences and interests of women who become pregnant through surrogacy arrangements and the children born as a result.
Speakers discussed the physical, psychological and social dimensions of surrogacy, as well as questions concerning children’s identity, origins and long-term wellbeing.
The program included panels featuring surrogate mothers, relinquishing mothers, donor-conceived people, adoptees, commissioning parents and others with lived experience of adoption and surrogacy. These perspectives were considered alongside contributions from researchers and professionals working in ethics, psychology, anthropology, history and human rights.
For Women Speak Australia, the emphasis on lived experience was particularly significant. Public discussion of surrogacy can often focus on the intentions and circumstances of commissioning parents. The conference provided an opportunity to consider a different set of questions: what surrogacy may mean for the women who undertake these pregnancies, and what it may mean for the children born through them.
International perspectives
The conference’s keynote speaker was Reem Alsalem, United Nations Special Rapporteur on violence against women and girls, who spoke on Surrogacy: Violating the Human Rights of Mothers & Babies.
Alsalem reiterated positions developed in her earlier work on surrogacy, including the argument that international human rights law does not establish a right to form a family by whatever means an individual or couple may choose. Her previous report has raised concerns about the exploitation and commodification of women and children in surrogacy arrangements and called for an abolitionist approach.
Other international and Australian perspectives were presented throughout the program.
Olivia Maurel, a French woman born through surrogacy and author of In Search of My Mother, delivered her address by video. She spoke about her experience and concerns surrounding surrogacy. Ethicist Xavier Symons, signatory of The Declaration of Casablanca, addressed the ethics of surrogacy from an international perspective, while Dr Renate Klein, Lynelle Long and Professor Shurlee Swain contributed from perspectives including biology, social science, intercountry adoption and history.
The conference therefore went beyond the question of whether surrogacy is commercially or altruistically arranged, examining broader questions concerning consent, power, reproductive capacity, children’s interests and the possibility of exploitation.
Commercial and altruistic surrogacy
A significant issue raised throughout the conference was whether the distinction between commercial and so-called altruistic surrogacy provides sufficient protection for women and children.
Speakers and participants questioned whether the presence or absence of financial payment is sufficient, by itself, to determine whether an arrangement may involve exploitation. Discussion also considered the broader circumstances in which a woman may agree to become a surrogate, including relationships, expectations, financial circumstances and potential power imbalances.
The discussion highlighted the complexity of assessing whether a particular arrangement is genuinely voluntary and non-exploitative, and the importance of considering safeguards beyond the question of payment.
Changing safeguards for surrogate mothers
The conference also examined recent legislative changes in Australia.
Western Australian MLC Michelle Hofmann spoke about changes to Western Australia’s surrogacy legislation, including provisions allowing women from the age of 18 who have not previously given birth to become surrogates.
This prompted broader discussion about what safeguards should apply before a woman undertakes a pregnancy on behalf of another person or family, including considerations relating to age, previous pregnancy and childbirth experience, informed consent, and the potential physical and psychological consequences of surrogacy.
These questions are particularly relevant as Australian jurisdictions continue to review and amend their regulatory frameworks.
The child at the centre of the discussion
The conference’s title reflected one of its central questions: what should the rights and interests of the child mean in the context of surrogacy?
Sessions included Protecting the Human Rights of the Child, In the Name of the Child, and a closing discussion titled Is there “A Right to a Child”?
These discussions explored questions surrounding a child’s identity, origins and biological connections, as well as the broader question of how the interests and rights of children should be weighed alongside adults’ interests in forming a family.
The participation of donor-conceived people and adoptees added an important lived-experience dimension to these questions. Their contributions highlighted that decisions made before or around a child’s birth can have implications that extend throughout a person’s life.
The role of women’s advocacy organisations
The conference also provided an opportunity for women’s advocacy organisations to contribute to the national discussion.
Dr Megan Poore, National Director of the Affiliation of Australian Women’s Advocacy Alliances (AAWAA), participated in the Protecting the Human Rights of the Child panel alongside Professor Shurlee Swain, “Odette”, Michelle Hofmann and Reem Alsalem.
AAWAA has argued that women’s rights organisations should be recognised as primary stakeholders in discussions concerning surrogacy law reform. This reflects a broader concern that legislation governing the use of women’s reproductive capacity should take account of sex-based power differences and the potential consequences for women.
For Women Speak Australia, the participation of women’s rights organisations is important to ensuring that law reform considers surrogacy not solely through the lens of adult access to reproductive technologies, but also through its implications for women and children.
The ALRC review
The timing of the conference was significant.
The Australian Law Reform Commission has been undertaking a national review of surrogacy laws, examining the legal framework governing domestic and international surrogacy arrangements. Its final report is expected in mid-September 2026.
The ALRC had been invited to participate in the conference but did not send representatives. The originally listed opening speaker, Assistant Minister for the Prevention of Family Violence Ged Kearney MP, was also unable to attend. Former Family Court judge the Hon. Professor Nahum Mushin AM subsequently opened the conference.
Professor Mushin’s involvement provided an additional connection to Australia’s history of adoption law reform. He chaired the working group responsible for the national apology for forced adoptions.
The absence of the ALRC was noted by some speakers and commentators given the proximity of the Commission’s final report. Nevertheless, the conference proceeded as a forum for perspectives and experiences contributing to the wider public discussion surrounding the review.
A perspective for the national debate
The Melbourne conference demonstrated the breadth and complexity of the questions surrounding surrogacy. These extend beyond reproductive access and individual choice to issues concerning women’s reproductive capacity, children’s identity and origins, consent, power, potential exploitation and the role of law in regulating arrangements involving pregnancy and the creation of families.
Women Speak Australia attended the conference because these questions are directly relevant to women’s rights and to the development of evidence-based public policy. WSA does not support surrogacy in any form, including commercial or so-called altruistic surrogacy. We consider that the concerns raised about the use of women’s reproductive capacity and the rights and interests of children cannot be addressed simply through regulation or additional safeguards.
The conference did not resolve the difficult policy questions surrounding surrogacy, nor did every participant necessarily share the same perspective. What it did provide was an opportunity to hear directly from women who have experienced surrogacy, people born through surrogacy or adoption, donor-conceived adults, researchers, ethicists and advocates.
With the ALRC’s report expected shortly, the experiences and concerns raised in Melbourne warrant careful consideration.
As Australia considers the future of its surrogacy laws, the experiences of women who undertake surrogate pregnancies and the long-term interests, rights and wellbeing of children born through these arrangements should remain central to the national debate.