Question 1

Is commercial surrogacy legal in Brisbane?

Accepted Answer

No. Commercial surrogacy is strictly illegal across all of Australia. Only altruistic gestational surrogacy is permitted, where the surrogate is not paid a fee. Engaging in commercial surrogacy overseas can also carry legal risks and penalties for Queensland residents upon their return.

Question 2

Who is the legal mother when the baby is born?

Accepted Answer

Under Australian law, the surrogate is initially listed as the legal mother on the child's birth certificate. The prospective parents must submit an application for a court-ordered legal order establishing parentage after the birth to transfer legal parentage and update the birth records.

Question 3

What expenses can I pay for my surrogate?

Accepted Answer

You can cover reasonable expenses including medical costs, travel for pregnancy appointments, legal fees for independent advice, and counseling. Under Section 11, you may also reimburse her for actual lost earnings during the latter stages of pregnancy and recovery.

Question 4

Can a single man use a surrogate in QLD?

Accepted Answer

Yes. Queensland laws allow single individuals, regardless of gender or sexual orientation, to enter into an altruistic surrogacy arrangement, provided they have a social or medical need and follow all legal steps, including counselling and independent legal advice.

Question 5

How old must a surrogate be in Queensland?

Accepted Answer

The surrogate must be at least 25 years old at the time of the arrangement. It is also highly recommended, and often required by fertility clinics, that she has already given birth to a child of her own to ensure she understands the risks of pregnancy.

Question 6

Is a surrogacy agreement a binding contract?

Accepted Answer

In Queensland, a surrogacy agreement is not legally enforceable regarding the delivery of the child. However, the sections regarding the reimbursement of the surrogate’s reasonable expenses are enforceable. This highlights the need for a relationship built on trust and expert legal guidance.

Question 7

Do I need an IVF clinic for gestational surrogacy?

Accepted Answer

Yes. Because gestational surrogacy involves transferring an embryo that is not genetically related to the surrogate, the process must be handled by an accredited fertility clinic. They will also require legal clearance from solicitors like Aylward Game Solicitors before proceeding.

Question 8

How long does the Parentage Order process take?

Accepted Answer

The application can be filed once the baby is 28 days old and must be done before they are 6 months old. Once filed, the court date depends on the registry’s backlog, but an experienced solicitor can ensure the paperwork is perfect to avoid delays.

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