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.
Use these rules when you register a parentage order or discharge order.
You must
| Correct. Make sure the surrogacy arrangement happens before the birth mother is pregnant. |
| Correct. Get legal advice before starting a surrogacy arrangement. |
| Correct. Go to counselling with a qualified counsellor before starting a surrogacy arrangement. |
| Correct. Only pay or reimburse the birth mother's reasonable costs for surrogacy. |
| Correct. As the birth parents, register the birth of the child with the Registry of Births, Deaths and Marriages. |
| Correct.Get a surrogacy report after the baby is born. |
| Correct. 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. |
| Correct. As the intended parents, live in Queensland and register the parentage order with the Registry of Births, Deaths and Marriages. |
You cannot
| Incorrect. Enter into a commercial surrogacy arrangement (where money is paid for the surrogacy). |
| Incorrect. Advertise for any surrogacy arrangement (offering to be a birth mother or looking for one). |
| Incorrect. Accept payment for arranging a surrogacy. |
| Incorrect. Use the same lawyer for both the intended parents and the birth parents. |
| Incorrect. Pressure or manipulate any party to agree to the surrogacy arrangement and parentage order. |
Exceptions and special circumstances
- 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.
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Entering surrogacy arrangements and transferring parentage
Managed by: Registry of Births, Deaths and Marriages