Commercial surrogacy has flourished in recent times, apparently increasing by 1000% internationally between 2008 and 2010. Countries have responded to the problem in different ways. In Australia, surrogacy has recently been made the subject of specific legislation in all states and territories apart from the Northern Territory. The legislation draws a fundamental distinction between altruistic surrogacy and commercial surrogacy (the subject of this article). Surrogacy is commercial if the commissioning parents have agreed to pay the birth mother more than reimbursement of her expenses incurred in the pregnancy and birth. Under the surrogacy legislation, it is usually a crime to enter into a commercial surrogacy agreement, advertise for surrogacy arrangements, and procure surrogacy arrangements. In three jurisdictions, the offences are expressly stated to apply with extraterritorial effect,  in order, it has been said, to prevent evasion of the legislation and exploitation of women in developing countries. By contrast, unpaid (‘altruistic’) surrogacy is permitted, subject to extensive and diverse regulations which are designed to protect the parties to surrogacy arrangements and the children born from them.