The Surrogacy Act 2010 regulates surrogacy arrangements in Queensland, including transferring the parentage of a child born as a result of a surrogacy arrangement.

The main objectives of the Surrogacy Act are:

  • to regulate particular matters in relation to surrogacy arrangements, including by prohibiting commercial surrogacy arrangements and providing, in particular circumstances, for the court-sanctioned transfer of parentage of a child born as a result of a surrogacy arrangement; and
  • in the context of a surrogacy arrangement that may result in the court-sanctioned transfer of parentage of a child born as a result
    • to establish procedures to ensure parties to the arrangement understand its nature and implications; and
    • to safeguard the child’s wellbeing and best interests.

Commercial surrogacy arrangements – where there is a payment, reward or any material benefit to anyone entering into a surrogacy arrangement or agreeing to a parentage order—are illegal.

Surrogacy in Queensland is an emerging area of law in Queensland and involves strict legal requirements and time frames. Accordingly, parties should obtain independent legal advice before making a surrogacy arrangement so that they fully understand their rights and obligations, and the potential implications that flow from such an arrangement. For more detailed advice regarding surrogacy in Queensland contact us today.

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