In Queensland, altruistic surrogacy arrangements (that is, non-commercial surrogacy arrangements), are the only legal arrangement available to couples.
A surrogacy arrangement is an arrangement between a woman (the birth mother) and another person or couple (the intended parents), where the birth mother agrees to become pregnant with a child for the intended parents. The child born as a result of the pregnancy will be permanently relinquished by the birth mother and parental responsibility and care for the child is transferred to the intended parents.
It is important that legal advice be obtained before entering into a surrogacy arrangement and that all requirements under the Surrogacy Act are strictly complied with. If the correct steps are not taken, the Children’s Court may refuse to make an Order transferring parentage and parental responsibility for the child. It is important to note that surrogacy arrangements are not enforceable and a birth mother or the intended parents may change their minds at any time before an Order is made transferring the parentage and parental responsibility of the child to the intended parents.
At Best Wilson Buckley Family Law, we have an experienced team of surrogacy Solicitors who can provide advice in relation to obligations, rights and entitlements in relation to surrogacy law in both Australia and overseas.
We can offer a fixed fee service for preparation of Surrogacy Agreements.