SURROGACY IN QUEENSLAND
What is the procedure for a
Surrogacy Arrangement in Qld
Before you decide to enter into a Surrogacy Agreement you need to be aware of all of the steps involved.
To become parents using a Surrogacy Arrangement the procedure usually is:
- All “birth parents” and “intended parent(s)” obtain legal advice.
- All “birth parents” and “intended parent(s)” obtain counselling.
- A written Surrogacy Agreement is prepared and signed by all parties.
- The Child is conceived. The birth mother has exactly the same rights as any other woman to manage her pregnancy.
- The Child is born. At this stage the Child is legally still the Child of the birth mother and her spouse.
- The birth parents must register the Child’s birth.
- A counselling report, called a “Surrogacy Guidance Report” is obtained.
- The “Intended parent(s)” make an Application to the Children’s Court for the parentage of the Child to be transferred.
- For the Children’s Court to make an Order transferring parentage they must be satisfied:
- There was a medical or social need for the surrogacy arrangement;
- That all parties have had independent Counselling;
- That all parties have had independent legal advice;
- That the transfer from the “birth parents” to the “intended parents” is in the best interests of the Child.
- After the Children’s Court makes the Order transferring the parentage of the Child, the “intended parent(s)” become the Child’s legal parents. Once this Order is made the way in which the child was conceived or the genetic material used to conceive the child, is irrelevant.
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Michelle Beatty, Senior Lawyer
Other Questions answered in the Surrogacy Section
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