The human desire to be a parent is fundamental to society and surrogacy offers the opportunity of parenthood to those unable to bear a child. But surrogacy is also fraught with legal, religious, ethical, practical and regulatory challenges (Triggs 2015, xi).

This observation by Professor Gillian Triggs aptly highlights the morally and legally vexed area of surrogacy. The practice of surrogacy (and the tensions that it gives rise to) are not new. Surrogacy (and the tensions it gives rise to) has challenged the South Australian Parliament (and others) for decades. This overview of the review process in South Australia highlights the complexities that arise in this area and the challenges around developing a balanced legal framework around surrogacy.