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There are restrictions on what is legally able to be paid to a Surrogate Birth Mother. Similarly, what benefit, reward or advantage may be received or obtained by the Surrogate Birth Mother is also restricted.
Only non-commercial (altruistic) Surrogacy Arrangements are legal in Queensland.
It is illegal for anyone to enter into a commercial Surrogacy Arrangement.
A commercial Surrogacy Arrangement is one where there is payment, reward, advantage or any other material benefit to any of the parties.
The Birth Mother can be reimbursed for her reasonable expenses associated with the Surrogacy Arrangement such as medical, legal and counselling costs.
Medical, legal and counselling expenses will be specific allowable expenses deemed to be reasonable. You can't just call anything an expense and pay it.
The Surrogacy Agreement will be unlawful and unable to be enforced if:
Because commercial Surrogacy Arrangements are not legal in Queensland, usually birth mothers are either related or close friends.
It is common for birth mothers to be sisters, family members or close friends of the “intended parent(s)”, who are otherwise unable to have a child.
If you are thinking about entering into a surrogacy agreement then you should read our layman's guide to the law about Surrogacy. We have the law surrounding surrogacy arrangements outlined in an easy to understand fact sheet titled What is the Law about Surrogacy in Qld, including overseas Surrogacy Arrangements.
There are restrictions on who is legally able to enter into a surrogacy arrangement. To find out if you are legally eligible to enter into a Surrogacy Agreement by reading our fact sheet Can I enter into a Surrogacy Arrangement.
If you have decided to enter into a Surrogacy Agreement then you need to know the steps involved. Read more about that in the fact sheet What is the procedure for a Qld Surrogacy Arrangement.
We discuss the advantages of a Surrogacy Agreement in the fact sheet What are the Benefits of Surrogacy Arrangements.
Naturally there are risks associated with arranging to have a baby through a Surrogacy Agreement. The downside and risks associated with surrogacy arrangements are outlined in our fact sheet What are the risks of entering into a Surrogacy Agreement.
If you are in Queensland and are thinking about entering into a surrogacy arrangement then you need to read the fact sheet What are the proposed changes to Surrogacy Laws in Qld.
Michelle Beatty, Senior Lawyer
Other Questions answered in the Surrogacy Section
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