surrogacy laws QLD Australia

Surrogacy Laws Australia: The Surrogacy Act QLD 2010 became operative on 1 June 2010. This Surrogacy act regulates surrogacy agreements in Queensland and permits surrogacy arrangements, provided they are not for a commercial purpose.

What is Surrogacy Arrangement?

A surrogacy arrangement is an arrangement between a woman (‘the birth mother’) and another person(s) (‘intended parent(s)’) whereby the woman agrees to become pregnant with the intention that the child born is to be treated as the child of the other person(s).

This means that the birth mother will relinquish to the intended parent(s) custody and guardianship of the child after the child is born, and the intended parent(s) agree to become permanently responsible for the custody and guardianship of that child.

The commercial surrogacy arrangement laws in Australia:

Surrogacy laws Australia : SURROGACY ACT QLD

A commercial surrogacy arrangement occurs if the birth mother receives any payment, reward, or other material benefit or advantage as a result of the surrogacy arrangement.

These arrangements are not legal in Queensland. However, if the intended parent(s) paid for the birth mother’s reasonable medical, legal, and counseling expenses, arising from the surrogacy arrangements, then these payments do not render the arrangements a commercial one.

Upon the birth of a child, a parenting order is required by the Children’s Court for the transfer of the parentage of a child born pursuant to a surrogacy arrangement. A parentage order effectively transfers the legal parentage of a child of a birth mother to the intended parent(s).

An application for a parentage order for a child must be made 28 days after the birth of the child and before the child is six months old. Applications after this time may be allowed with leave of the Children’s Court.

Learn more about surrogacy laws in Australia and it’s legality and eligibility:

In pursuit of legal support?

Look no further than James Noble Law! Proudly serving Family law serives in Brisbane, Cairns Family law, and Milton Family Law Services, we are your trusted Family Law advisors. Secure a complimentary 20-minute consultation with our adept legal team – absolutely no commitments involved! Schedule your appointment now to connect with our experienced Family Lawyers.


🌟 Accomplished Brisbane Family Lawyers

🌟 Devoted Cairns Family Lawyers

🌟 Proficient Milton Family Lawyers

Easily locate us on Google Maps and take the proactive step towards resolving your legal matters. Seize this opportunity to gain valuable insights from our seasoned professionals. Act today, and let us guide you towards legal clarity and confidence!




Keep up to date and receive clarity on a range of news related articles on the James Noble Law blog.

Child Custody in Cairns
27 Nov
James Noble
Essential Guide to Child Custody and Parenting Plans in Cairns

Navigating Child Custody, Parenting Arrangements and Parenting Plans in Cairns: What You Need to Know Child custody is a sensitive and complex issue that often…

Mediation and Dispute Resolution
24 Nov
James Noble
Mediation and Conflict Resolution in Cairns Family Law Cases

Mediation and Dispute Resolution in Family Law Matters in Cairns, Australia Family law matters can be emotionally charged and complex, often requiring a delicate approach…

Divorce Process in QLD
20 Nov
James Noble
Navigating the Divorce Process in QLD: A Step-by-Step Guide

THE PROCESS OF DIVORCE IN QLD: STEP-BY-STEP GUIDANCE TO HELP DEMYSTIFY THE PROCESS The experience of going through a divorce can feel stressful and overwhelming…

Booking with a Lawyer