Altruistic Surrogacy Arrangements

The recent decision of the Family Court of Australia in the case of Mason and Mason and another highlights the different outcomes that can result between the Surrogacy Arrangements in Queensland and the more limited options available under the Family Law Act.

Whilst this case was decided in New South Wales the outcome would have been very similar in Queensland. In the case of Mason, because the applicants to the Court were not able to follow the requirements of the Surrogacy Act and seek a Parentage Order under that Act transferring Parentage to them as the new parents who were intending to care for the child, they were unable to obtain a declaration that they are the parents of the child. Whilst they were able to obtain Orders granting them parental responsibility the child’s birth certificate cannot be changed. This would be possible if an Application had been able to have been made under the Surrogacy Act. For advice in relation to Altruistic Surrogacy Arrangements please contact Ian Field at Aylward Game Solicitors.

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Frequently Asked Questions.

What is the Surrogacy Act?

The Surrogacy Act is an Australian law that regulates surrogacy arrangements in certain states and territories, including Queensland and New South Wales.

What is a Parentage Order?

A Parentage Order is a legal order that transfers legal parentage of a child from the surrogate and/or their partner to the intended parents.

Can a Parentage Order be obtained outside of the Surrogacy Act?

No, a Parentage Order can only be obtained through an application under the Surrogacy Act in states and territories where the act applies.

What happens if a Parentage Order cannot be obtained?

If a Parentage Order cannot be obtained, the intended parents may still be able to obtain parental responsibility through a court order. However, their names may not be able to be added to the child’s birth certificate.

How can Aylward Game Solicitors assist with Altruistic Surrogacy Arrangements?

Aylward Game Solicitors can provide legal advice and assistance in relation to Altruistic Surrogacy Arrangements, including navigating the legal requirements of the Surrogacy Act and seeking Parentage Orders where appropriate.