Altruistic Surrogacy Update

There has been considerable media interest and reporting on the issue of altruistic surrogacy in recent times, following the announcement of an intention to amend the 2010 Surrogacy Act by the recently elected State Government. So far no proposed legislation has been published and so the legislation remains unaltered, (as of 6th July 2012).

Aylward Game Solicitors continue to offer legal advice in respect of Surrogacy. With the prospect of changes to the legislation in the near future, it is even more important to ensure that you seek advice from a lawyer with experience in the area and who remains up to date with any changes as they occur. If you need advice regarding Altruistic Surrogacy Update please contact our partner Ian Field on 07 3236 0001 or by e-mail at ifield@aylwardgame.com.au

Frequently Asked Questions:

What is altruistic surrogacy?

A: Altruistic surrogacy is a form of surrogacy where the surrogate mother carries a child for the intending parents without any commercial gain. In this arrangement, the surrogate mother receives no payment beyond reimbursement of expenses related to the pregnancy and birth.

Is commercial surrogacy legal in Queensland?

No, commercial surrogacy is illegal in Queensland. The Surrogacy Act of 2010 allows only for altruistic surrogacy arrangements.

Can a Queensland resident enter into a commercial surrogacy arrangement outside of Queensland?

No, it is also illegal for a Queensland resident to enter into a commercial surrogacy arrangement even if they do so outside of Queensland.

What are the procedural requirements for altruistic surrogacy in Queensland?

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.

What is the role of a lawyer in an altruistic surrogacy arrangement?

A lawyer can provide legal advice and assistance to ensure that the procedural requirements are met and the legal work is undertaken promptly and professionally. A lawyer can also help ensure that the surrogacy arrangement complies with the law and can represent the intending parents in court when applying for Parentage Orders.

Is there a stamp duty concession for a principal place of residence in Queensland?

Yes, there is a transfer duty or stamp duty concession for a home which is the occupier’s principal place of residence in Queensland. This concession was reintroduced on 1st July 2012, but there are some conditions that must be met.

Why is it important to seek legal advice for surrogacy arrangements?

With the prospect of changes to the legislation in the near future, it is important to seek legal advice from a lawyer with experience in the area and who remains up to date with any changes as they occur. A lawyer can provide guidance on the legal requirements, procedural steps, and potential risks and benefits of surrogacy arrangements.