Surrogacy is when two parents who wish to have a child hire the help of a birth mother to have a child on the parents’ behalf and then transfer the legal ownership of the child to the parents wishing to have a child. Surrogacy is often used when parents are unable to have a child of their own.
Up until the 1st of June, 2010, all types of surrogacy in Queensland were deemed illegal. Following this date, surrogacy was made legal only under certain conditions. Surrogacy involving the payment of the surrogate mother is illegal in Queensland, with the only type of reimbursement allowed is to cover the costs the mother incurred while raising the child until birth. Any other forms of surrogacy, including, but not limited to, reimbursing the mother in some financial or material way other than to cover the costs of the birth mother are still illegal in Queensland.
Current Legal Surrogacy
The process of surrogacy is relatively straight forward. The idea is that after the mother’s costs have been covered, and the child is born, she signs over legal custody of the child to the new parents. The birth is registered with the centre for Births, Deaths, and Marriages under the new parents’ legal name and the guardianship of the child is passed onto the new parents.
Because legal surrogacy is relatively new in Queensland, trying to navigate the process yourself may be tedious. Simonidis and Steel, a family law firm in Brisbane, have been in business for over 10 years and are well qualified in the area of surrogacy. They can help not only with the paperwork involved, but also with any questions either party may have, such as who will be in the delivery room when the child is delivered, and how the costs of the mother will be reimbursed.
Family law in Brisbane can often get complicated when talking about surrogacy. Because Queensland’s restrictions on the practice are numerous, being sure that you stay within the legal realms of a surrogacy is important to ensure that future problems don’t arise between the birth mother and the surrogate parents.
In general, before you decide to seek out the help of a surrogate mother, make sure that becoming a parent is something that you’re ready to do. Surrogacy is not something to be taken lightly and should only be considered if other options don’t pan out because of its legal complications.