Surrogacy Law

These include, but are not limited to, the following items:-

1. any reasonable medical costs for the birth mother associated with becoming or trying to become pregnant;
2. a reasonable cost, including a reasonable medical cost, for a child born as a result of the surrogacy arrangement;
3. a premium payable for health, disability or life insurance that would not have been obtained by the birth mother if the surrogacy arrangement had not been entered into;
4. a reasonable cost of counselling associated with any of the matters mentioned in becoming or trying to become pregnant, a pregnancy or birth or the birth mother and her spouse (if any) being a party to a surrogacy arrangement or proceedings in relation to a parentage order thereafter;
5. the cost of counselling obtained by the birth mother and her spouse (if any) before or after entering into the surrogacy arrangement, including the costs relating to the preparation of a surrogacy guidance report pursuant to Section 32, following the birth of any child born as a result of the arrangement;
6. any reasonable legal cost for the birth mother and the birth mother’s spouse (if any) relating to the surrogacy arrangement and the transfer of parentage;
7. the value of the birth mother’s actual lost earnings because of leave taken for a period of not more than two (2) months during which a birth happened or was expected to happen or for any other period duringthe period during the pregnancy when the birth mother was not able to work on medical grounds; and
8. another reasonable cost associated with the surrogacy arrangement of or the making of the order transferring parentage.

Should the surrogacy arrangement provide for the intended parents to meet any of the costs outlined above, they are obliged at law to pay those costs and the birth parents can enforce the surrogacy arrangement to that extent unless they do not relinquish custody and guardianship of the child to the intended parents at birth or fail to consent to the making of the parentage order post birth.

1. On an Application under this part, the Court may make a Parentage Order for the transfer of parentage of a child to the Applicant, or joint Applicants.
2. The Court may make the Parentage Order only if it is satisfied of all of the following matters—
   1. the proposed order will be for the wellbeing, and in the best interests, of the child;
   2. the child—
      1. has resided with the Applicant, or joint Applicants, for at least 28 consecutive days before the day the Application was made; and
      2. was residing with the Applicant, or joint Applicants, when the Application was made; and
      3. is residing with the Applicant, or joint Applicants, at the time of the hearing;
   3. the Applicant, or joint Applicants, were entitled to apply under section 21;
   4. there is evidence of a medical or social need for the Surrogacy Arrangement;
   5. the Surrogacy Arrangement—
      1. was made after—
         1. the Birth Mother and the Birth Mother’s spouse (if any), jointly or separately; and
         2. the Applicant, or joint Applicants (jointly or separately);

         obtained independent legal advice about the Surrogacy Arrangement and its implications; and

      2. was made after each of the Birth Mother, the Birth Mother’s spouse (if any) and the Applicant, or joint Applicants, obtained counselling from an appropriately qualified counsellor about the Surrogacy Arrangement and its social and psychological implications; and
      3. was made with the consent of the Birth Mother, the Birth Mother’s spouse (if any) and the Applicant, or joint Applicants; and
      4. was made before the child was conceived; and
      5. is in writing and signed by the Birth Mother, the Birth Mother’s spouse (if any) and the Applicant, or joint Applicants; and
      6. is not a commercial Surrogacy Arrangement;
   6. the Birth Mother and the Birth Mother’s spouse (if any) were at least 25 years when the Surrogacy Arrangement was made;
   7. the Applicant, or each of the joint Applicants—
      1. was at least 25 years when the Surrogacy Arrangement was made; and
      2. is resident in Queensland;
   8. the Birth Mother, the Birth Mother’s spouse (if any), another birth parent (if any) and the Applicant, or joint Applicants, consent to the making of the Parentage Order at the time of the hearing;
      1. a Surrogacy Guidance Report under section 32 supports the making of the proposed order.