Yes, surrogacy is legal in Brisbane and throughout Queensland. If you’re considering growing your family through surrogacy or planning to become a surrogate, it’s important to understand that Queensland laws only allow altruistic surrogacy.

This means no one involved in the arrangement can receive payment for acting as a surrogate beyond reasonable out-of-pocket expenses.

Commercial surrogacy—where someone is paid for carrying a child—is illegal across all Australian states and territories, including Queensland.

Key takeaway: Surrogacy is legal in Brisbane as long as it’s altruistic and complies with Queensland’s legal framework.

Understanding Altruistic Surrogacy in Queensland

Under Queensland law, altruistic surrogacy is a legal arrangement where a woman agrees to become pregnant and give birth to a child for another person or couple, with the intention of providing the child to them after birth. This must be done without any financial gain.

You can be involved in surrogacy either as:

• An intended parent (someone who wants to have a child)
• A surrogate (someone willing to carry the child)

The law allows any individual, couple (married or de facto), or same-sex couple to enter into a surrogacy arrangement, provided they meet the legal requirements.

Key takeaway: You can participate in altruistic surrogacy in Brisbane regardless of your relationship status, as long as no profit is involved.

Legal Requirements for a Surrogacy Arrangement

To make a surrogacy arrangement legal in Brisbane, the following conditions must be met before conception:

• Both the intended parents and the surrogate (and their partners, if applicable) must receive independent legal advice.
• All parties must undergo counselling by a qualified professional.
• A written surrogacy agreement must be created and signed by everyone involved.
• The surrogate must be at least 25 years old.
• The intended parents must have a medical or social need for surrogacy (e.g., infertility or inability to carry a pregnancy).

Note: Even though the agreement is not enforceable like a contract, it forms the basis for transferring legal parentage after the child is born.

Key takeaway: Before pregnancy, everyone involved must meet specific legal and counselling requirements to ensure the surrogacy arrangement is valid.

Transferring Legal Parentage

Once the child is born, the intended parents do not automatically become the legal parents. Instead, they must apply for a parentage order through the Children’s Court.

To be eligible for a parentage order, you must show that:

• The surrogacy was altruistic and pre-approved,
• The child is living with the intended parents,
• Everyone involved agrees to the order,
• All legal and counselling steps were followed before the pregnancy.

If granted, the parentage order replaces the original birth certificate with a new one that names the intended parents as the legal parents.

Key takeaway: To become your child’s legal parent, you must apply for a parentage order after birth and meet all eligibility requirements.

Who Can Be a Surrogate?

If you’re thinking about becoming a surrogate in Brisbane, you must:

• Be at least 25 years old,
• Have previously given birth,
• Be willing to carry a child without any form of payment beyond medical and other related costs.
• Be mentally and physically prepared for the experience.

It’s also common for surrogates to be family members or close friends of the intended parents, though this is not a legal requirement.

Key takeaway: You can become a surrogate if you’re over 25, have given birth before, and are committed to an altruistic arrangement.

What You Can and Can’t Pay For

While commercial surrogacy is illegal, the intended parents can cover certain costs for the surrogate, such as:

• Medical expenses (e.g., IVF, prenatal care, hospital fees),
• Travel costs related to the pregnancy,
• Legal and counselling fees,
• Maternity clothes and other reasonable out-of-pocket expenses.

Payment beyond these permitted expenses is not allowed and could result in legal penalties.

Key takeaway: Intended parents can cover reasonable costs, but any form of payment beyond that is prohibited.

Navigating surrogacy in Brisbane can feel overwhelming, but it’s a legal and supported pathway to building your family if done correctly.

Whether you’re exploring surrogacy as a hopeful parent or as someone wanting to help others, it’s important to approach it with care, preparation, and a clear understanding of Queensland’s laws.

Seeking guidance from professionals early on can help ensure the journey is safe, legal, and positive for everyone involved.