Surrogacy has become an increasingly popular option for couples and individuals looking to expand their families in Australia.

However, the process is bound by strict laws and regulations that vary between states, making it essential to navigate the legal landscape carefully. Gestational surrogacy is the most common type of surrogacy in Australia, where a fertilised embryo is implanted into a surrogate who has no genetic link to the child.

As surrogacy is a highly regulated area of law, it is important to understand both national and state-specific laws before embarking on a surrogacy journey.

Let’s take a closer look.

Understanding Surrogacy in Australia

In Australia, surrogacy is governed by legislation that seeks to ensure the process is ethical, legal, and safe for all parties involved, including the surrogate mother, the intended parents, and the child. The birth mother is legally recognised as the child’s parent until parentage orders are transferred. Surrogacy laws are unique in Australia in that commercial surrogacy (where the surrogate is paid beyond reasonable expenses) is illegal in all states and territories, including Queensland.

To learn more about surrogacy law in Australia, visit the Attorney-General’s Department website.

Types of Surrogacy

Altruistic Surrogacy

This is the only legal form of surrogacy in Australia. In altruistic surrogacy, the surrogate is reimbursed only for reasonable medical and ancillary costs associated with the pregnancy but does not receive any payment for carrying the child.

Commercial Surrogacy

As mentioned, commercial surrogacy is strictly prohibited in Australia. This means that intended parents cannot compensate the surrogate beyond medical expenses, and anyone found engaging in commercial surrogacy faces legal repercussions.

To understand why commercial surrogacy is banned visit: Why Australia prohibits commercial surrogacy | Surrogacy in Australia

Eligibility and Requirements

Embarking on a surrogacy journey in Australia requires meeting specific eligibility criteria to ensure the process is ethical and legally compliant. The Surrogacy Act 2010 outlines these requirements for both intended parents and surrogate mothers.

Finding a Surrogate

Finding a surrogate mother in Australia can be a challenging and time-consuming endeavour, but there are several avenues intended parents can explore. Given the legal restrictions on commercial surrogacy, intended parents must rely on altruistic surrogates who are willing to help without financial compensation beyond reasonable expenses.

Surrogacy Laws Across Australia

Australian surrogacy laws differ depending on the state or territory, but certain principles apply nationwide. For instance, the intended parents must obtain a “parentage order” from the court post-birth, which transfers legal parenthood from the surrogate to the intended parents. Additionally, all surrogacy arrangements must be formalised through written agreements and approved by the relevant court or regulatory body before the process begins.

It is also necessary to understand and navigate the legalities and ethical considerations involved in pursuing international surrogacy arrangements and gaining citizenship for these children. In many states, including Queensland, there are also strict eligibility criteria for both the surrogate and the intended parents, which are outlined below.

(Source: https://www.surrogacy.gov.au/)

Surrogacy Laws in Queensland

In Queensland, surrogacy is governed by the Surrogacy Act 2010 (QLD), which sets out clear guidelines for intended parents and surrogates, including:

Altruistic Surrogacy Only

All Australian states and territories permit altruistic surrogacy . The surrogate can only be reimbursed for reasonable expenses incurred during the pregnancy, such as medical bills and travel costs.

Surrogacy Agreements

Although surrogacy agreements are not legally binding, they are an important element of the surrogacy process. Both parties must enter into a written agreement that clearly outlines the terms and conditions of the surrogacy arrangement. Usually the agreement must also include confirmation that both the intended parents and the surrogate have undergone independent legal advice and counselling.

Parentage Orders

After the child is born, the intended parents must apply to the court for a parentage order, which transfers the legal parentage from the surrogate to the intended parents. This process can only occur after the birth of the child, and the application must be made within a short window. The court will grant the parentage order if it is in the best interest of the child.

Eligibility

To be eligible for surrogacy in Queensland, the intended parents must demonstrate that they are unable to conceive or carry a child. This is typically due to medical reasons, although the law also recognises same-sex couples and single individuals as eligible.

Surrogacy Register

Queensland law requires that the birth parent must register the birth of the child. After this the intended parents can seek a parentage order through the Family Court and then register as the parents on the child’s birth certificate once the parentage order is made.

For information on surrogacy laws in Queensland, read this resource from Queensland Government.

The Importance of Getting Legal Support for Surrogacy in Queensland

Given the complexities of surrogacy law in Queensland, it is crucial to seek the assistance of a specialist family law firm with a deep understanding of the surrogacy process. Our experienced family law team can guide you through the necessary legal steps, from drafting a surrogacy agreement to securing a parentage order in the Family Court.

A fertility specialist conducts thorough medical history assessments, orders necessary tests, and discusses treatment options relevant to surrogacy, ensuring the medical suitability of all parties involved.

At Ramsden Lawyers, we understand the emotional and legal intricacies involved in surrogacy cases. With over 20 years of experience in family law, we provide compassionate, comprehensive, and cost-effective services to help you achieve your goal of parenthood through surrogacy.

Costs and Financial Considerations

The financial aspect of surrogacy in Australia is a significant consideration for intended parents. While the costs can vary widely depending on individual circumstances, it’s essential to be prepared for the various expenses involved in the surrogacy process.

How Ramsden Lawyers Can Help

At Ramsden Lawyers, we are committed to ensuring that our clients receive tailored advice and representation throughout the surrogacy process. As family law specialists with offices in Queensland andNew South Wales, we are well-versed in the legal framework of surrogacy in both Queensland and across Australia. We provide comprehensive guidance on how to find a surrogate in Australia, covering various steps and considerations for intended parents.

Our Services Include:

  • Drafting surrogacy agreements
  • Providing independent legal advice for surrogates and intended parents
  • Assisting with applications for parentage orders in the Family Court
  • Ensuring compliance with Queensland’s legal requirements for surrogacy

Ramsden Lawyers – Legally Guiding You Through Your Matter with Ease

Surrogacy is a complex legal process that requires expert guidance and careful planning.

At Ramsden Lawyers, we are dedicated to helping individuals and couples in Queensland navigate the surrogacy process with confidence.

Whether you are an intended parent or considering becoming a surrogate, our family law team is here to provide the support and legal advice you need to ensure a successful surrogacy arrangement.

Learn more about our family law services.

For more information or to schedule a consultation, reach out to us today.