On 1 June 2010, The Surrogacy Act 2010 (Qld) commenced to regulate types of surrogacy arrangements.
A surrogacy arrangement is an agreement between a woman (the birth mother) and another person(s) (the intended parents(s)) for the birth mother to become pregnant, with the child born as a result of that pregnancy being treated as a child of the intended parent(s). The birth mother agrees to relinquish custody and guardianship of the child to the intended parent(s) who agree to become permanently responsible for the custody and guardianship of the child.
Prior to 1 June 2010, all surrogacy arrangements were illegal in Qld. Since 1 June 2010, altruistic surrogacy arrangements are legal in Qld. That is those surrogacy arrangements where the birth mother receives no other ‘payment, reward or other material benefit or advantage’, other than the reimbursement of the mother’s costs.
Any other surrogacy arrangements remain illegal in Qld.
After the child is born, the parties make an Application to the Children’s Court seeking a Parentage Order transferring the parentage of the child to the intended parent(s). The Parentage Order is then registered with the registry of Births, Deaths, and Marriages.