Understand the consent position
Australian passport law generally treats the surrogate as having parental responsibility, even if foreign law or the foreign birth certificate differs. A foreign order alone does not necessarily remove that responsibility. Ask the passport office or your lawyer about the actual orders and consents.
Choose the supporting forms
- B4 supports the surrogacy passport application.
- B5 records the overseas surrogate's passport/travel consent.
- B7 concerns court orders; the form says to include it when submitting a court order with a child application.
- B9 requests assessment where a required consent is absent and no relevant Australian order permits issue. It does not guarantee approval.
Prepare for overseas lodgement
- Gather the child's full original birth certificate, citizenship evidence, two passport photos, relevant name changes, court orders and surrogacy evidence.
- Arrange an eligible child guarantor and the required witnessed consents under the overseas instructions.
- Complete and print the main passport application. Add the relevant supplementary forms and full approved translations.
- Confirm the post for the child's location, appointment, originals, fee and collection arrangements. Avoid firm travel commitments before the passport outcome.
Forms & resources
Use the current official version. PDF previews are blank government forms. Open a copy in your PDF reader to complete it; answers are not saved to this task.
Passport application · Overseas child passport application
Main passport application after Australian citizenship is confirmed.
- Complete the official online application, then print it and follow the overseas post's signing and lodgement instructions. Online preparation does not lodge the passport application.
B4 · Child born through surrogacy
Supplementary form for a child born through surrogacy; completed by an intended parent.
- Prepare the child's and intended parents' details, proposed travel, surrogate, genetic-source and court-order information.
- You may type into the PDF before printing. Physically sign the declaration with a dark pen; electronic signatures are not accepted.
B5 · Surrogacy — supplementary consent
For a surrogate overseas giving consent to the Australian travel document and international travel.
- The surrogate completes the consent section with an eligible witness. The form lists medical/legal practitioners, public notaries, JPs and qualifying government officials, with independence requirements.
- Check witness eligibility on the form before arranging the signing. Citizenship consent is a separate requirement.
B7 · No further court orders
The current form says to include it when a court order is submitted with a child travel-document application.
- Identify the orders and pending proceedings, provide the orders as instructed, and sign physically in dark pen. Ask the passport office how the orders apply to your case.
B9 · Child without full consent or an Australian court order permitting issue
Where a required person's consent is missing and there is no relevant Australian court order permitting issue.
- Use a separate B9 for each non-consenting person. Explain the situation and provide supporting evidence; obtain case-specific advice where consent is disputed or unsafe to seek.
- This requests assessment, not an exemption or approval. Timing cannot be guaranteed; do not book travel around an assumed outcome.
Your task record
Review B-4 and any additional forms for the actual consent or court-order situation. The surrogate's parental responsibility under Australian passport law needs separate review, even where foreign law differs.
Task source checked Oct 15, 2026Official references
This is planning guidance, checked on Oct 16, 2026. Follow current authority instructions and case-specific advice; it does not determine eligibility or approval.
Passport Office — international surrogacy and consentPassport Office — applying outside AustraliaPassport Office — current supplementary forms