Rules for surrogacy arrangements and parentage orders

Part of the Surrogacy topic

Understand the rules to enter into a surrogacy arrangement and transfer parentage in Queensland.

In short

If you want to enter into a surrogacy arrangement in Queensland, there are rules that you must follow.

To comply with the law in Queensland you must:

make sure the surrogacy arrangement happens before the birth mother is pregnant
get legal advice before starting a surrogacy arrangement
go to counselling with a qualified counsellor before starting a surrogacy arrangement
only pay or reimburse the birth mother's reasonable costs for surrogacy
as the birth parents, register the birth of the child with the Registry of Births, Deaths and Marriages
get a surrogacy report after the baby is born
apply to the courts for a parentage order when the baby is between 28 days and 6 months old and has lived with the intended parents for at least 28 days
as the intended parents, live in Queensland and register the parentage order with the Registry of Births, Deaths and Marriages.

To comply with the law in Queensland you cannot:

enter into a commercial surrogacy arrangement (where money is paid for the surrogacy)
advertise for any surrogacy arrangement (offering to be a birth mother or looking for one)
accept payment for arranging a surrogacy
use the same lawyer for both the intended parents and the birth parents
pressure or manipulate any party to agree to the surrogacy arrangement and parentage order.

A female partner in a same-sex relationship is presumed to be the parent if the baby is conceived using assisted reproduction.
A court may enforce payment of the birth mother’s reasonable costs.
Surrogacy arrangements are not enforceable. The birth mother or intended parents can change their minds before the court makes a parentage order.