The Queensland legislation guiding surrogacy arrangements are set out in the Surrogacy Act 2010, which can be found on the Queensland Government website.
Who may enter into a surrogacy arrangement
|Must be at least 25 years old||Surrogate and their partner must be at least 25 years old|
|Must be residents of Queensland||Does not need to be resident of Queensland|
- Arrangements must not be commercial, and any payment to a surrogate needs to be strictly to reimburse her for expenses connected the surrogate pregnancy.
- Only gestational surrogacy arrangements are permitted (i.e. the surrogate must not be genetically related to the child).
- All parties to the arrangement (including the surrogate’s partner, if she has one) must seek independent legal advice and counselling prior to making the arrangement.
- Surrogacy arrangements made in Qld cannot be enforced anywhere in Australia
Payments in surrogacy arrangements
|Intended parents may reimburse their surrogate for costs connected to the surrogate pregnancy and birth||Commercial surrogacy arrangements are prohibited inQueensland, and it is considered an offence to intentionally enter into a commercial surrogacy arrangement|
It is an offence for residents of Queensland to enter into a commercial surrogacy arrangement elsewhere in Australia or internationally.
- It is illegal for intended parents to advertise their need for a surrogate (this includes posting something online).
- It is illegal for surrogates to advertise their desire to act as a surrogate (this includes posting something online).
At birth, the surrogate is recognised as the birth mother of the child, and if she has a husband or partner they are recognised as the child’s other parent. Intended parents can apply to the Supreme Court for a Parentage Order no earlier than 28 days after birth, and no later than six months following birth.
Preconditions to Parentage Orders
For intended parents to make an application for a parentage order in Queensland there are several mandatory requirements:
- The birth of the child must be registered by the surrogate and her partner (if she has one).
- A surrogacy guidance report must be obtained from a counsellor.
- The order is for the wellbeing and is in the best interests of the child.
- The surrogacy arrangement was made with each party’s consent.
- The arrangement was entered into before conception of the child.
The Supreme Court also maintains discretionary preconditions:
- The child resides with the intended parents for at least the first 28 days of their life.
- The application for a parenting order is made between 28 days and six months after birth.
- There is evidence of a medical or social need for the arrangement.
- Each of the parties obtained legal advice beforehand.
- Each of the parties obtained counselling beforehand.
- The arrangement is in writing signed by both parties.
- The guidance report supports the making of the parentage order.
- Both parties consent to the making of the order at the time of the hearing.
The Court may only dispense with the discretionary requirements if there are exceptional circumstances or if it is in the best interests of the child.