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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, than the legislation that will apply is set out in the Surrogacy Act (Qld) 2010.

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 can not 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 and this counselling 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 and for someone to publish anything that indicates they are willing to be a surrogate for someone else.

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