Surrogacy: is it legal in Australia?

Altruistic surrogacy is legal, but commercial surrogacy is not. So none of the parents involved can make a profit from the arrangement.

What happens if you enter into a commercial surrogacy arrangement overseas?

The consequences back in Australia vary slightly from state to state, but certainly, in Queensland, it is a criminal offence and if you return to Queensland you may face criminal prosecution.

What do I need to do if I am considering an altruistic surrogacy arrangement?

In Queensland, once you have found someone to carry the baby for you, you will need to ensure that you follow the requirements of the Surrogacy Act.

These include engaging in counselling, obtaining independent legal advice, and entering into a written surrogacy agreement before the baby is conceived as well as obtaining a report from a counsellor and making an application to the Court for a Parentage Order.

Is the arrangement enforceable?

No, either side of the arrangement can change their mind or the arrangement cannot be enforced.

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