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Surrogacy

 

In 2010 altruistic surrogacy became legal in Queensland. Until this time, surrogacy in Queensland was illegal. For a quick link to the Surrogacy legislation, please clink here: http:// www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SURROGACYA10.pdf

There are many purposes to the Surrogacy Act, of few of which includes:-

  • The regulation of surrogacy arrangements; 
  • Prohibit commercial surrogacy;
  • Provide for the transfer of parentage of a child; and
  • Establish procedures to ensure all parties understand the implications and nature of the surrogacy arrangement.

The paramount consideration is the best interests of the child. 

What is a Surrogacy Arrangement?

It is an agreement in writing between a woman and another person (or persons), where the woman agrees to become pregnant with an intention to relinquish custody and guardianship of the new born child to the other person. 

The terminology used in a surrogacy arrangement are:-

  • Birth mother
  • Birth mother’s spouse 
  • Birth Parent
  • Intended Parent

It is important for those wanting to enter into a surrogacy arrangement to obtain clear advice from not only treating medical professionals, but also a lawyer, preferably one with experience in surrogacy arrangements. At Parry Coates Family Law, we are aware of the strict legislative requirements of the Surrogacy Act and we have experience in advising both the birth mother and her spouse and the intended parents. 

Following the birth of a child under a surrogacy arrangement, an application may be made for a ‘parentage order’. Certain criteria are considered by the Court before such an order is made. The relief is discretionary and the order must be for the wellbeing and in the best interests of the child. 

It is essential to a Surrogacy Arrangement that independent legal advice is obtained before entering into the agreement. Contact Parry Coates Family Law for further advice on Surrogacy Arrangements: info@pcfl.com.au

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