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

It is vital to receive legal advice prior to embarking on the path to surrogacy and our expert lawyers at Preston and Associates can guide you through the process.

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.

It is important to remember that commercial surrogacy remains illegal in Queensland. However, the Surrogacy Act does allow for the intended parents to pay for ‘reasonable costs’ associated with the pregnancy.

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.

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 a Parentage Order being made that transfers parentage of a child.

Please be mindful that certain timeframes and prerequisites apply in relation to entering a surrogacy arrangement. It is important to ensure that prior to entering into a surrogacy arrangement legal advice is obtained to ensure compliance with the legislation and 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 Preston and Associates to speak with one of our experienced Family Lawyers.