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BabyInMumsHandsThe Queensland Surrogacy Act 2010 commenced on 1 June 2010.  Until the commencement of that Act it was illegal to enter into a surrogacy arrangement whether commercial or non- commercial (otherwise known as altruistic surrogacy).  The commencement of the Act legalises altruistic surrogacy but commercial surrogacy remains illegal.

A surrogacy arrangement is an arrangement between the birth mother and another person or couple with the intention that the birth mother will carry a child for the intented parents and then following the birth of the child, permanently relinquish the care and custody (legally) of the child to the intended parents.

Whilst commercial arrangements are still illegal the Act provides that payment to the birth mother is possible provided it is for the reimbursement or payment of her reasonable expenses assoicated with the surrogacy. 

It is important then that the surrogacy agreement is appropriately formed and that its provisions do not contravene the Act by inadvertantly entering into an illegal commercial arrangement.  If that were to occur and a Court later found that it was a commercial agreement then the outcome could be that the parties would be charged with an offence and the parenting order could not proceed or would be refused.  A truly horrendous outcome.

We have successfuly undertaken Surrogacy applications to the Court through our arrangement with another experienced family lawyer.  We and the other family lawyer act collaboratively in surrogacy matters ensuring that the legal hurdles are minimised and attended to with cooperation and understanding.  Please visit our collaborative surrogacy website for more comprehensive information about our surrogacy services.

Last Updated on Friday, 13 July 2012 09:37

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