13 Sep Surrogacy in Queensland
Surrogacy laws differ in each State and Territory of Australia, but commercial surrogacy is illegal Australia-wide. If you have a medical or social need to enter into a surrogacy agreement, the agreement you enter must be altruistic. Altruistic surrogacy agreements are not legally enforceable and either party, the surrogate or the intended parents, can change their mind. To formally transfer the parentage of the child to the intended parents, application is made to Court for a parentage order when the child is between 28 days and 6 months old. It’s important to ensure all legal requirements are met when entering into the surrogacy agreement, mitigating against issues arising at the time of application to transfer parentage.