Australian Passport Office

Applying for a passport for a child born through surrogacy

Caution

You may wish to seek independent legal advice prior to entering into a surrogacy arrangement. In particular, you should check the laws relating to surrogacy in the Australian state or territory where you live. Commercial surrogacy is unlawful in most states and territories. In addition, current legislation in the Australian Capital Territory, Queensland and New South Wales also makes it an offence for residents to enter into overseas commercial surrogacy arrangements.

If you are considering entering into a surrogacy arrangement overseas, you should check the laws and visa requirements of that country. You should also contact the responsible Australian mission in that country to determine Australian citizenship and Australian visa processing requirements. Please see Fact Sheet 36a – International Surrogacy Arrangements for further information on Australian citizenship and Australian visa requirements.

Extreme caution is exercised by the Australian Government in cases involving surrogacy arrangements that are entered into overseas, so as to ensure that Australia's citizenship and passport provisions are not used to circumvent either adoption laws or other child welfare laws.

General information

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 (Child Passport Application PC4 if lodging in Australia or Overseas Passport Application PC8 if lodging overseas), and provide all required documents at the passport interview (see the PC4 and PC8 for detailed instructions).

You must also complete a Form B4 [DOCX 63 KB]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).

You are advised not to commit to international travel before obtaining your child’s passport as the processing times may vary depending on whether the application is lodged with full parental consent and all required documents have been provided.

If your child is an Australian citizen, they should enter Australia on a valid Australian travel document.

You may be contacted for further information to assist in processing the application. The Department of Foreign Affairs and Trade (DFAT) may disclose information provided in or with a child’s application to any organisation or individual that can verify the information to establish the child’s identity and eligibility for an Australian travel document.

Form B4 [DOCX 63 KB] and Form B5 [DOCX 77 KB] are currently only available from this website. All other forms are available from passport offices, online at www.passports.gov.au or through Australia Post outlets and Australian diplomatic missions or consulates overseas. The passport application can be lodged at these same locations.

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Emergency travel

If there is a genuine need for the child to travel within the standard 10 day turnaround time for a full 5-year validity child’s passport and you are lodging an application overseas with full parental consent, you may apply for an emergency passport (up to 12 months validity). A priority processing fee will apply.

Where you have not been able to provide full parental consent, you must wait until you have been notified of the delegate’s decision. Once you have been notified that a passport has been approved for issue, if there is a need to travel within the standard 10 day turnaround time for a full 5-year validity child’s passport, you may apply for an emergency passport if lodging overseas. A priority processing fee will apply.

It is advisable to apply for a full 5-year validity child’s (FVP) passport at the same time as applying for an emergency passport if possible. You may collect the FVP from a passport office in Australia (or nearest Australian mission) on presentation and cancellation of the emergency passport.

If you are lodging an application in Australia with full parental consent and you have an urgent need to travel, you may obtain a full 5-year validity child’s passport on payment of a priority processing fee.

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Subsequent passport applications

The written consent of all persons with parental responsibility for a child’s passport must be obtained for each new passport application until the child turns 18 years old.

In some cases, an Australian court order has been issued which may have the effect of extinguishing the surrogate mother’s parental responsibility, therefore her consent to the issue of a passport may no longer be required.

In other cases, it may be difficult to obtain the surrogate mother’s written consent for future passport applications. If it is not possible to provide all parental consents, an application should be lodged under special circumstances (via a Form B9 - Child without full parental consent or Australian court order permitting international travel). See Application without full parental consent above.

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Translation of foreign documents

If a foreign language document (birth certificate, court order, surrogacy agreement etc) is being submitted, a full translation provided by a translating and interpreting service recognised by the Department of Immigration and Citizenship (DIAC) or the Australian diplomatic or consular mission overseas must be provided with the document.

Forms