A child born overseas to an Australian citizen does not automatically become an Australian citizen at birth. You can apply for the child to become an Australian citizen by descent. We assess applications for citizenship by descent according to requirements set out in:
- the Australian Citizenship Act 2007
- the Australian Citizenship Regulation 2016
- policy and operational guidelines.
It is important to understand that the parent-child relationship must exist at the time of the child’s birth. An Australian citizen who treats the child as their own after birth is not evidence that they were the child’s parent at the time of birth.
What to provide to support the child's citizenship by descent application
In all cases involving surrogacy, you must provide:
- written and signed consent to the application from the surrogate mother
- a certified copy of identity documentation for the surrogate mother showing her photo and signature
- a certified copy of the surrogacy contract signed by the surrogate mother and commissioning parent(s)
- medical reports including evidence of embryo creation and transfer.
If the commissioning parent(s) were represented by another person for the surrogacy agreement, the application must include:
- evidence of Power of attorney or similar for commissioning parent(s)
- a certified copy of the representative’s identity documentation showing their photo and signature.
Evidence of a biological relationship between the commissioning parent(s) and the child might not be sufficient if other evidence to support the claim of a surrogacy arrangement is absent.
We must confirm the child was not abducted or obtained via informal adoption, trafficking or other unlawful means.
The surrogacy contract
Provide the surrogacy contract you entered into before the child was conceived. The contract should contain:
- the surrogate mother’s full name, age, address and her signature
- evidence that she gave informed consent to the surrogacy arrangement
- what procedures the surrogate mother and the commissioning parent(s) undertook, such as collecting genetic material or implantation
- the source of the genetic material for the embryo – that is, the donor or other source(s).
The surrogacy contract should be signed by the surrogate mother, the commissioning parent(s), the clinic overseeing the surrogacy and an independent party as witness. It should:
- reference the surrogacy laws of the country where it took place, if applicable
- reference the country’s laws relating to the commissioning parent(s) legal rights to the child, if applicable
- provide details of how parental responsibility for the child will be transferred to the commissioning parent(s).
The responsible parent’s consent and signature
If an applicant for Australian citizenship by descent is under 16 years old, their application must be signed by a responsible parent.
In countries where there are no surrogacy laws or the surrogacy laws are not clear, the responsible parent of a child born through surrogacy arrangements is the surrogate mother. Her husband or partner, if she has one, is also a responsible parent.
This means that, for applications on behalf of children born in such countries, we must have the surrogate mother’s signature and consent to the application for citizenship by descent.
We may require the surrogate mother to attend an interview.
Citizenship by descent DNA testing
Depending on the circumstances of the surrogacy arrangement, we may request DNA testing. Refer to Information about DNA testing for visa and citizenship applicants – Form 1259i.
Australian passport
If the child becomes an Australian citizen by descent, they will need an Australian passport to enter Australia. Refer to the Australian Passport Office for further information.
