Surrogacy in Queensland

What is surrogacy?

Surrogacy is a term which refers to an idea that an eligible person or persons (the intended parents) can enter into an arrangement with a third party female (the birth mother) for the birth mother to become pregnant but the child to be raised by the intended parents as if it was conceived naturally by the intended parents.

Surrogacy is becoming an increasingly popular option for those intended parents that desire to be parents but for one reason or another, are unable to conceive a child naturally.

The Law in Queensland

In Queensland, Surrogacy is governed by the Surrogacy Act 2010 (QLD), however, children who are subject to properly considered surrogacy arrangements which are implemented in their entirety are subject to the provisions of the Family Law Act 1975 (Commonwealth) in the same way that a naturally conceived child is.

Enforceability of surrogacy arrangements

Whilst the Surrogacy Act makes provision for legal and legitimate surrogacy arrangements, they are not (save for some limited circumstances) enforceable in Queensland. This means that neither party is bound to the terms of a surrogacy agreement. The surrogacy process is very much premised upon the consent and continued consent to a surrogacy arrangement until the end of the process by the birth mother and the intended parents.

However, Orders of the Court which are made as a consequence of a surrogacy arrangement being correctly implemented are binding.
By way of illustration, if a child is born and the birth mother no longer wants to transfer parentage to the intended parents, then she is not obliged to regardless of whether or not there is a surrogacy arrangement in place. In that circumstance, the intended parents may need to consider their options under the Family Law Act. Likewise, if the intended parents no longer wish to resume responsibility for the child after birth, then the birth mother retains parentage of the child and the intended parents cannot be compelled to take parentage of the child.

Legal advice

The requirements for intended parents and birth mothers to successfully enter and complete a legal and legitimate surrogacy arrangement in Queensland are complex and onerous. It is important that any individual considering entering into a surrogacy arrangement seeks legal advice as soon as they begin considering their options. Each party must have obtained legal advice prior to an Order being made that transfers parentage of a child.

Effecting the transfer of parentage

After 28 (twenty-eight) days following the birth of the child, the intended parents can apply to the Children’s Court for a parentage Order. A parentage Order will only be made with the consent of the intended parents and the birth mother. In addition, there are a number of onerous procedural and other requirements including the preparation of a surrogacy guidance report which must be fulfilled prior to the parentage Order being made. If a parentage Order is made, the child is considered to be the child of the intended parents for the purpose of the Family Law Act. If the intended parents do not apply for a parentage Order within six (6) months from the birth of the child, then they will need to the leave of the children’s Court to do so.

To obtain a parentage Order the Surrogacy Act imposes a number of requirements including that both the birth mother and the intended parents have attained 25 years of age and there is some basis as to why surrogacy arrangement is desirable rather than a birth by way of a natural conception.

Commercial surrogacy

It is important to note that in Queensland as well as in other states of Australia, New South Wales and the ACT, it is illegal to enter into a commercial surrogacy arrangement which is an arrangement whereby the birth mother makes profit or is rewarded for giving birth to a child although the birth mother is entitled to be reimbursed for reasonable costs associated with the surrogacy arrangement in Queensland.

It is important to ensure that prior to entering into a surrogacy arrangement legal advice is obtained to ensure that the terms of the surrogacy arrangement are not intruding on what is defined by the Surrogacy Act as a commercial arrangement as penalties may apply.

For more information, please contact our office to speak with one of our experienced Family Law Solicitors.

Contact Form

captcha
TOP

A wonderful serenity has taken possession of my entire soul, like these sweet mornings of spring which I enjoy with my whole heart. I am alone, and feel the charm of existence in this spot, which was created for the bliss of souls like mine.

I am so happy, my dear friend, so absorbed in the exquisite sense of mere tranquil existence, that I neglect my talents. I should be incapable of drawing a single stroke at the present moment; and yet I feel that I never was a greater artist than now.

When, while the lovely valley teems with vapour around me, and the meridian sun strikes the upper surface of the impenetrable foliage of my trees, and but a few stray gleams steal into the inner sanctuary, I throw myself down among the tall grass by the trickling stream; and, as I lie close to the earth, a thousand unknown plants are noticed by me: when I hear the buzz of the little world among the stalks, and grow familiar with the countless indescribable forms of the insects and flies, then I feel the presence of the Almighty, who formed us in his own image.

Duis dictum tristique lacus, id placerat dolor lobortis sed. In nulla lorem, accumsan sed mollis eu, dapibus non sapien. Curabitur eu adipiscing ipsum. Mauris ut dui turpis, vel iaculis est. Morbi molestie fermentum sem quis ultricies. Mauris ac lacinia sapien. Fusce ut enim libero, vitae venenatis arcu. Cras viverra, libero a fringilla gravida, dolor enim cursus turpis, id sodales sem justo sit amet lectus. Fusce ut arcu eu metus lacinia commodo. Proin cursus ornare turpis, et faucibus ipsum egestas ut. Maecenas aliquam suscipit ante non consectetur. Etiam quis metus a dolor vehicula scelerisque.

Nam elementum consequat bibendum. Suspendisse id semper odio. Sed nec leo vel ligula cursus aliquet a nec nulla. Sed eu nulla quam. Etiam quis est ut sapien volutpat vulputate. Cras in purus quis sapien aliquam viverra et volutpat ligula. Vestibulum condimentum ultricies pharetra. Etiam dapibus cursus ligula quis iaculis. Mauris pellentesque dui quis mi fermentum elementum sodales libero consequat. Duis eu elit et dui varius bibendum. Sed interdum nisl in ante sollicitudin id facilisis tortor ullamcorper. Etiam scelerisque leo vel elit venenatis nec condimentum ipsum molestie. In hac habitasse platea dictumst. Sed quis nulla et nibh aliquam cursus vitae quis enim. Maecenas eget risus turpis.

X

BOOK IN FOR SEMINAR