In this week's video, our family lawyer Tiana Harris covers all of your burning questions about surrogacy.
- Can I pay a surrogate to have my baby?
- How do I find a surrogate?
- What are the requirements for legal surrogacy in Australia?
- What is a surrogacy agreement?
Watch the full video to find out.
Hi. I'm Tiana, and I'm a lawyer in the family law team here at Cooper Grace Ward.
Can I pay a surrogate to carry my baby?
So, in Queensland, it is actually illegal to have a commercial surrogacy and you may face imprisonment. Altruistic surrogacy in Queensland is legal, but this means that you cannot pay money to the birth mother for having the child. You can only pay money for things set out in the legislation such as medical costs, health insurance premiums, legal costs and so on.
How do I find a surrogate?
It's illegal to advertise for surrogates in Queensland. This means that people who are wanting to have a baby via a surrogate, find it extremely challenging. Usually we find that surrogates are close family members or friends.
What are the requirements for legal surrogacy in Australia?
So, the requirements for surrogacy in Queensland, as I mentioned before, are that it has to be altruistic and you cannot pay money directly to the birth mother unless it is as set out in the legislation. The intended parents must be over 25 and the birth mother must also be over the age of 25. The intended parent or parents may be single, in a de facto relationship or married and it can also be a same sex relationship.
What is a surrogacy agreement?
So, a surrogacy agreement is a written contract between the birth mother and the intended parents. It's not an enforceable contract. So, this means that if the birth mother refuses to relinquish the baby, the intended parents do not have any recourse against that. The only thing enforceable in the contract is financial matters, such as the medical expenses of the birthmother. Likewise, if the intended parents do not wish to collect the child once it is born, the birth mother does not have any recourse against this.
Cooper Grace Ward is a leading Australian law firm based in Brisbane.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.