The Surrogacy Act 2010 was passed on 11 February 2010 in Queensland. As a result it is now possible to enter into a non commercial surrogacy agreement.
This agreement can only be made between the surrogate mother and the other person or couple (“the intended parents”) before the surrogate mother becomes pregnant.
The agreement is to the effect that the surrogate mother will relinquish her status as a “parent” of the subject child, and the child will become the child of the intended parents.
There are important steps that must be followed in the surrogacy process including counselling and applying to the court in accordance with the requirements of the Surrogacy Act 2010 for a parenting order in favour of the intended parents.
Parenthood is a powerful, motivating desire for many couples whether they are heterosexual or same sex. Changes to the surrogacy laws and advances in reproductive technology make parenthood more achievable for people unable to conceive naturally for whatever reason. While considering such an import life event it is essential to have an understanding of the legal considerations and plan of action. We are Brisbane family lawyers able to guide and assist you through this life changing event.