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Surrogacy Act 2010 – 22 March 2016

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A person must not give a payment, reward or other material benefit or advantage (other than the reimbursement of the birth mother’s surrogacy costs) for another person agreeing to enter into or entering into a surrogacy arrangement. If there is a surrogacy arrangement in existence, it is not enforceable. Note: An obligation under a surrogacy arrangement to pay or reimburse the birth mother’s surrogacy costs is enforceable in most instances. For the definition of a ‘surrogacy arrangement’, refer to section 7 of the Act. For the definition of ‘birth mother’s surrogacy costs’, refer to section 11 of this Act.

  • Sections 7, 10, 11, 15, 16, 56, 57, 58

An application to the Childrens Court for a parentage order in relation to a child born as a result of a surrogacy arrangement must generally be made not less than 28 days and not more than 6 months after the child’s birth. Where possible, the documents listed in section 25 of the Act are to be filed with the application. An order will only be made where the strict requirements of section 22 are satisfied e.g. the child has resided with the applicant for at least 28 consecutive days before the day the application was made, there is evidence of a medical or social need for the surrogacy arrangement, the surrogacy arrangement was made after obtaining independent legal advice, the birth mother is at least 25 years, a surrogacy guidance report supports the making of the proposed order, etc.

  • Sections 13, 14, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 39, 51, 59, 60

A person must not publish an advertisement, statement, notice or other material that is intended or likely to induce a person to agree to act as a birth mother.

  • Sections 54, 55
Reason for law

To establish procedures that ensure parties to a surrogacy arrangement understand the nature and implications of the arrangement; and to safeguard the child’s wellbeing and best interests. (Section 5)

Relevant links

Surrogacy [Queensland Government]

Childrens Court of Queensland

International Surrogacy Forum

Media article

Surrogacy lawyer ‘shocked’ by amount of Queenslanders travelling overseas to source egg donors

Critique

N/A

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