What are the Risks of a Surrogacy Arrangement
Even if you are eligible to lawfully enter into a Surrogacy Agreement in Queensland, there are still risks involved in making a Surrogacy Arrangement.
Read more about whether you are able to legally enter into a Surrogacy Agreement in Qld in our factsheet Can I enter into a Surrogacy Arrangement in Qld.
Some of the risks of Surrogacy Arrangements include:
A Surrogacy Arrangement relies on a high level of trust and cooperation between the “birth parents” and the “intended parent(s)”.
With the exception of payment of the Birth Mother’s reasonable expenses, nothing in a Surrogacy Agreement is enforceable.
The “intended parent(s)” cannot force the “birth parents” to hand over the Child after the birth.
This is the case even if the Child is genetically from the “intended parent(s)”.
The “birth parents” cannot force the “intended parent(s)” to proceed with a Parentage Order.
Accordingly, it is possible the “birth parents” could be left with the responsibility of a Child they never anticipated or intended would be their own.
All parties to the Surrogacy Arrangement must receive separate Independent Legal Advice before the Surrogacy Arrangement is entered into.
All parties to the Surrogacy Arrangement must receive counselling from an appropriately qualified counsellor before Surrogacy Arrangement is entered into.
It can be an expensive process after payment of the Birth Mother’s reasonable expenses and all legal, medical and counselling expenses.
You need to weigh up and carefully consider both the risks, as well as the benefits of a Surrogacy Arrangement.
Read more about the Benefits of a Surrogacy Agreement.
Note: This reflects the law in Qld. The laws in other Australian States of New South Wales, Victoria, Tasmainia, South Australia, Western Australia, Northern Territory and the Australian Capital Territory may be different.
Surrogacy: More Information
If you might enter into a Surrogacy Arrangement you must know the law about Surrogacy.
Unfortunately, who is lawfully able to enter into a surrogacy arrangement has been restricted by the laws government has passed, making only some people lawfully eligible to enter into a surrogacy arrangement.
There are also quite strict laws on what money can be paid to a Surrogate Birth Mother under a Surrogacy Agreement as well laws which set out the procedure to enter a Surrogacy Arrangement for it to be legal and binding.
The Qld government has also said it proposes to change its Surrogacy laws.
You should also be aware of both the benefits of surrogacy arrangements and the risks of Surrogacy Arrangments.
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