Surrogacy and Assisted Reproductive Technologies

Surrogacy

Surrogacy Arrangements became legal in Queensland on 1 June 2010.

A Surrogacy Arrangement is where a woman agrees to become pregnant with the intention that the child born as a result of the pregnancy is to be treated as the child of another person/s.  Under a Surrogacy Arrangement, the woman will relinquish to the other person the custody and guardianship of the child and the other person agrees to become permanently responsible for the child.

Surrogacy Arrangements are available regardless of the genetic material used or method of conception used to conceive the child.

It is unlawful for a person to enter into a commercial Surrogacy Arrangement where there is payment, reward or any material benefit to any of the parties.  However, the birth mother is entitled to be reimbursed or paid for her reasonable expenses associated with the surrogacy such as medical, legal and counselling costs.

Children born through assisted reproductive technologies

Changes to the Family Law Act mean that parties to a marriage or de facto relationship are now both legally considered to be the parents of a child born through artificial conception procedures.

Importantly, if you are in a female same-sex de facto relationship when a child is conceived by an artificial conception procedure, both the birth mother and the non birth parent will be recognised legally as the child's legal parents.

A child's legal parents have rights to that child, including parental responsibility and custody rights, as well as child support.

Useful factsheets:

Steps for Surrogacy Arrangements

Same sex couples: parentage and babies born through artificial conception