Surrogacy Lawyer
2025
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Surrogacy can be a life-changing pathway to parenthood, but it is also a complex legal process that must comply with strict requirements under Queensland law. Whether you are an intended parent hoping to grow your family or a surrogate supporting someone else’s journey, it is essential to ensure that the arrangement is properly structured and legally compliant from the beginning.
In Queensland, surrogacy must be altruistic, meaning no one can be paid for acting as a surrogate beyond reimbursement of reasonable expenses, and the arrangement must be carefully documented before conception takes place.
All parties must receive independent legal advice and counselling, and a formal written agreement is required as part of the process. After the child is born, the intended parents must apply to the court for a parentage order, which legally transfers parental rights from the birth mother to the intended parents and allows the child’s birth certificate to be updated accordingly.
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What Is Surrogacy?
Surrogacy is an arrangement where a woman agrees to carry and give birth to a child for another person or couple, who will become the child’s legal parents. In Queensland, only altruistic surrogacy is allowed. That means the surrogate cannot be paid for carrying the child, but reasonable expenses related to the pregnancy may be reimbursed.
If you’re entering into a surrogacy agreement—whether as a prospective parent or a surrogate—there are specific legal processes you need to follow. That’s where we come in.
Legal Requirements for Surrogacy in Queensland
Surrogacy arrangements in Queensland must comply with the Surrogacy Act 2010 (Qld). Here are some of the main legal requirements you should be aware of:
1. Altruistic Only
Commercial surrogacy is prohibited across Australia, including Queensland. No one can profit from being a surrogate. However, the intended parents may reimburse the surrogate for reasonable out-of-pocket costs.
2. Pre-Surrogacy Conditions
Before entering into an agreement: Both parties (intended parents and surrogate) must be at least 25 years old. Everyone involved must undergo independent legal advice and mandatory counselling. A formal, written surrogacy agreement must be signed before conception.
3. Parentage Order
After the child is born, the intended parents must apply to the court for a parentage order. This legal order transfers parental rights from the surrogate to the intended parents and allows the child’s birth certificate to be reissued in their names. We help with every stage of this process—from drafting the agreement to preparing and lodging the parentage application with the court.
Legal Requirements and Key Steps in a Queensland Surrogacy Arrangement
Understanding the key steps—from obtaining independent legal advice and preparing a surrogacy agreement to applying for a parentage order after birth—helps ensure the arrangement is lawful and that everyone involved is properly protected.
Why Legal Advice Is a Must
Surrogacy law in Queensland is designed to protect everyone involved—especially the child. Legal advice is not just a formality; it’s a requirement. Both the intended parents and the surrogate must receive legal advice from separate, independent lawyers before entering into any agreement.
If you’re unsure what to expect, we’ll walk you through:
- What needs to be in your surrogacy agreement
- What expenses are considered reasonable
- Your rights and obligations before, during, and after the birth
We make sure that your agreement is enforceable and that you understand every aspect of what you’re entering into.
What Expenses Can Be Reimbursed?
Under Queensland law, intended parents can cover the surrogate’s:
- Medical and counselling costs
- Travel related to the pregnancy
- Loss of income due to medical reasons
- Legal fees
These must be reasonable and directly connected to the surrogacy. We help clients keep clear records and structure reimbursements correctly to comply with Queensland surrogacy law.
The Role of the Family Court
After the birth, the final legal step is to apply for a parentage order through the Children’s Court of Queensland. This application must be made between 28 days and 6 months after the child is born.
To succeed in this application, the court must be satisfied that:
- The surrogacy arrangement met all legal requirements
- Everyone involved gave informed consent
- The arrangement is in the best interests of the child
Our legal team helps prepare all necessary documentation and represents you in court if required, so you can complete your journey with peace of mind.
Common Surrogacy Challenges We Can Help With
Every surrogacy arrangement is different, and sometimes unexpected issues can arise. At JMR Lawyers, we can support you with:
- Adjusting the surrogacy agreement (if needed before conception)
- Managing conflicts between intended parents and surrogate
- Explaining your options if the surrogate changes her mind
- Providing guidance when interstate or overseas parties are involved
We also assist clients with related matters such as wills, guardianship planning, and parenting orders, where needed.
Who Can Enter into a Surrogacy Arrangement?
In Queensland, intended parents can be:
- Individuals or couples, regardless of marital status
- Same-sex couples
- People experiencing infertility or medical complications
- People who cannot safely carry a pregnancy
Surrogates must have previously given birth and be willing to undergo psychological assessment and legal education.
Surrogacy is open to many different types of families, but each journey is unique. Our team at JMR Lawyers is here to ensure that your specific circumstances are fully understood and supported.
How JMR Lawyers Can Support You
Our family law team understands that surrogacy is more than just a legal transaction—it’s a deeply personal journey. We’re committed to providing clear, empathetic, and reliable advice every step of the way.
We offer:
- Fixed-fee surrogacy advice packages
- Assistance with drafting and reviewing surrogacy agreements
- Support with parentage order applications
- Ongoing legal guidance throughout your arrangement
By working with experienced lawyers who understand surrogacy law in Queensland, you can focus on what really matters—welcoming your child into a loving and legally secure family.
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Frequently Asked Questions
Do I need a lawyer even if my surrogate is a family member or friend?
Yes. Even if you have a close personal relationship, the law requires both parties to obtain independent legal advice. This protects everyone involved and ensures your agreement is valid.
Can a surrogate change her mind after the baby is born?
Yes, but this is rare when the process has been followed properly. The court considers the best interests of the child and whether all parties gave informed consent before approving the parentage order.
How long does the legal process take?
We listen to you, answer your questions, and give you simple advice about your legal options. You’ll leave with more clarity and confidence.
Is there a limit on how many times someone can be a surrogate?
There’s no strict limit in Queensland law, but it’s a good idea to speak with a legal and medical professional if this is being considered more than once.
Can I enter into a surrogacy arrangement if I live outside Queensland?
Yes, but if the child will be born in Queensland, the surrogacy must comply with Queensland’s legal requirements. We can help clients across Australia with cross-border arrangements.
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