Single people will be able to access surrogacy under a new proposed ACT law aimed at removing barriers around the process.
The proposed law will also allow people to access surrogacy without one needing to be the genetic parent of a child, meaning couples who experience infertility will be able to use a surrogacy arrangement.
Under the ACT's current laws there must be two parents in any surrogacy arrangement and one of those parents is required to be a genetic parent.
The bill also includes new requirements for a surrogacy agreement, including the agreement be made in writing, before conception and all parties must receive independent legal advice and counselling before an agreement is entered into.
Commercial surrogacy will still be banned in the territory but it has removed criminal penalties in relation to the advertising for altruistic surrogacy.
Human Rights Minister Tara Cheyne, who introduced the legislation to the Legislative Assembly on Tuesday, said the bill would provide better clarity and certainty for surrogacy and better protect the human rights of children born through surrogacy arrangements.
"These new laws will set clear rules for surrogacy agreements, ensuring everyone involved knows what to expect whilst also protecting the rights of surrogates and children," she said.
"It will mandate legal advice, counselling, a written agreement before conception, and age criteria for surrogates, while respecting their pregnancy and birth rights.
"Importantly these changes will provide clarity and certainty as well as ensure adequate protection of the human rights of children born of surrogacy, surrogates and intended parents."
The Parentage (Surrogacy) Amendment Bill will remove the requirement that a child has to be conceived through a procedure that takes place in the territory. An explanatory statement for the bill said "removing this requirement will enable parties to surrogacy arrangement to have flexibility about how and where conception occurs and to use services of their choice".
While the conception does not need to occur in the territory, parents have to be living in the ACT when they apply for a parentage order.
A surrogate must be over the age of 25 unless a counsellor is satisfied a person between 18 to 25 has sufficient maturity and understanding.
The law will better align the ACT with other Australian jurisdictions which have relaxed their laws around surrogacy over recent years.
