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In Australia, the laws for surrogacy vary state to state. If you are an intended parent residing in Queensland or a surrogate carrying for Queensland intended parent/s, the legislation that will apply is set out in the Surrogacy Act (Qld) 2010. If you are a parent intending to engage a surrogate, or are a surrogate mother, the experienced team at Honan Family Law can help you navigate the legal requirements of the world of surrogacy. It can be an exciting yet anxious time, so knowing your rights and limitations when it comes to the law can provide a smooth experience for all parties involved. 

What is the criteria for surrogacy?

In Queensland, the criteria for surrogacy includes:

• The birth mother must be over the age of 25.
• Each of the intended parents must also be over the age of 25.
• The intended parents must have either a social or medical need for the surrogacy.
• The arrangement must be an altruistic arrangement and the surrogate cannot take payments from the intended parents. The intended parents must cover the birth mother’s out of pocket expenses in accordance with the legislation.
• All of the parties to the surrogacy agreement must undergo surrogacy counselling about the arrangement which must be conducted by a qualified counsellor.
• Each party must have obtained legal advice about the arrangement. This means that two sets of lawyers will be involved as the intended parents and birth parent must have separate representation.
• There must be a written Surrogacy Agreement signed by all the parties.

In Queensland, it is illegal to advertise for a surrogate or publish anything that indicates they are willing to be a surrogate for someone else. Surrogacy is one of the most complex areas of family law and can be an overwhelming process. We provide clear, compassionate advice to help you navigate this process from start to finish.