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Altruistic Surrogacy in Queensland

Since July 2010 Altruistic Surrogacy has been a possibility in Queensland. Whilst the Surrogacy Act allows Altruistic Surrogacy, a Commercial Surrogacy arrangement remains illegal in Queensland. It is also illegal for a Queensland resident to enter a Commercial Surrogacy arrangement even if they do so outside of Queensland.  This point was highlighted in 2011 when […]

Altruistic Surrogacy in Queensland

Altruistic Surrogacy in Queensland

Since July 2010 Altruistic Surrogacy has been a possibility in Queensland. Whilst the Surrogacy Act allows Altruistic Surrogacy, a Commercial Surrogacy arrangement remains illegal in Queensland. It is also illegal for a Queensland resident to enter a Commercial Surrogacy arrangement even if they do so outside of Queensland.

 This point was highlighted in 2011 when a Family Court judge referred more than one case to the Director of Public Prosecutions in Queensland because Queensland residents had entered into commercial surrogacy arrangements outside of Australia. This underlines the importance of ensuring that if you wish to enter into an Altruistic Surrogacy arrangement that you ensure that you comply with all of the requirements of the legislation. If you do not properly comply with these requirements it is possible that the Court may not grant the Parentage Orders, and you may also face Prosecution. The Surrogacy Act requires both the birth parents and the intending parents to strictly comply with a number of procedural requirements which include obtaining specific legal advice and counselling at certain stages in the process.

If you are contemplating and Surrogacy Arrangement as either a birth parent or intending parent, it is important to know that you can rely on your Lawyer to ensure that the legal work is undertaken promptly and professionally.

Our partner Ian Field advised on one of the first Altruistic Surrogacy Arrangements and Applications to be made to Court for approval for Parentage Orders. The application was successful and the intending parents were granted the Parentage Orders that they sought.

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Ian also believes that the Collaborative Law approach is ideally suited to the issue of Altruistic Surrogacy and together with Mr. Randal Binnie, another Family Lawyer in Brisbane he has created this. For legal advice regarding Altruistic Surrogacy Arrangements please contact our partner Mr. Ian Field on 07 3236 0001 or by email at ifield@aylwardgame.com.au

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