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Surrogacy & Guardianship

Guidance through the legal steps toward parenthood.

Our expert family lawyers will give you the information you need before embarking on your surrogacy journey.

Surrogacy is considered by those who desire to be parents and, in most cases, are unable to conceive a child naturally.

Individuals considering entering a surrogacy arrangement must seek legal advice as soon as they begin considering their options. Each party must have obtained legal advice before a Parentage Order is made that transfers the parentage of a child.

In Queensland, Surrogacy is governed by the Surrogacy Act 2010 (QLD). However, the Family Law Act 1975 (Commonwealth) still applies to children conceived by way of surrogacy in certain circumstances.

Surrogacy remains illegal in Queensland,  however, the Surrogacy Act allows the intended parents to pay for ‘reasonable costs’ associated with the pregnancy.

Thinking about entering a surrogacy agreement?

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.

We advise clients to be mindful of certain timeframes and requisites that apply when entering into a surrogacy agreement.

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.

Obtaining legal advice prior to entering a surrogacy agreement is vital to ensure arrangements are made in compliance with the Surrogacy Act legislation. Should an agreement be uncompliant, penalties may apply. 

For more information, please get in touch with one of  Preston & Associates’ experienced family lawyers.