Surrogacy is a deeply personal journey that many families in Brisbane undertake with the hope of building or expanding their family.
If you’re considering surrogacy, understanding the legal steps involved in Queensland is important to ensure a smooth and supported process.
This guide will walk you through the legal framework, explain your rights and responsibilities, and help you decide when to work with surrogacy lawyers in Brisbane.
What Is Surrogacy and How Does It Work in Queensland?
In Queensland, surrogacy is regulated under the Surrogacy Act 2010. The law allows for altruistic surrogacy, which means the surrogate mother cannot be paid beyond reasonable expenses. Commercial surrogacy is not permitted in any Australian state.
If you’re planning to become a parent through surrogacy, or act as a surrogate yourself, you must meet specific legal requirements. These include:
- A written surrogacy agreement
- Pre-surrogacy counselling for all parties
- Independent legal advice
- Approval from the Children’s Court for the transfer of parentage
The intended parents and the surrogate must also be at least 25 years of age.
Key takeaway: Surrogacy in Queensland is legal only under specific conditions. It’s important to know the difference between altruistic and commercial arrangements.
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Legal Requirements for a Surrogacy Agreement
Before any surrogacy arrangement begins, a formal written agreement is required. Although the agreement itself is not legally enforceable in terms of compelling someone to proceed with a pregnancy or hand over a child, it is still a necessary part of the legal process.
Your agreement should include:
- The roles and responsibilities of each party
- Arrangements for counselling and legal advice
- Details about reasonable expenses
You’ll also need to undergo mandatory counselling and receive legal advice independently before signing the agreement.
This protects everyone involved and confirms that all parties are entering the arrangement voluntarily and with full understanding.
Key takeaway: A surrogacy agreement won’t act as a contract, but it’s a necessary legal document to support the transfer of parentage.
Applying for a Parentage Order in Brisbane
Once the child is born, the next legal step is to apply for a parentage order through the Children’s Court.
This order formally recognises the intended parents as the child’s legal parents, transferring parentage from the birth mother.
To be eligible for a parentage order, you must show:
- The surrogacy was altruistic
- The child now lives with the intended parents
- All legal and counselling requirements were met
The application must be lodged between 28 days and six months after the child’s birth.
Key takeaway: The parentage order finalises the legal recognition of intended parents and is a key step in the surrogacy process.
When Should You Work With Surrogacy Lawyers in Brisbane?
Even though you may feel confident managing some parts of the process yourself, working with surrogacy lawyers in Brisbane can save you time, prevent mistakes, and ensure you’re meeting all legal requirements. Lawyers specialising in family and surrogacy law can help with:
- Drafting and reviewing the surrogacy agreement
- Ensuring compliance with Queensland laws
- Preparing your application for the parentage order
- Guiding you through counselling and legal advice processes
Legal professionals also act as a source of support, helping you understand your rights and obligations every step of the way.
Key takeaway: A surrogacy lawyer doesn’t just handle paperwork—they guide you through the legal and emotional journey.
Common Challenges Faced During the Surrogacy Process
While many surrogacy arrangements progress smoothly, some challenges can arise. These include:
- Disagreements between parties
- Delays in obtaining counselling or legal advice
- Complications in the pregnancy
- Difficulties during the parentage application
Surrogacy lawyers in Brisbane are experienced in addressing these challenges and can help mediate issues, provide alternatives, and ensure your legal obligations are met.
Key takeaway: Legal support can help you resolve issues early before they grow into legal or emotional setbacks.
How Long Does the Surrogacy Process Take in Queensland?
The timeline for surrogacy can vary widely but typically includes:
- 1–3 months for finding a surrogate and reaching agreement
- Several weeks for counselling and legal advice
- 9 months for the pregnancy
- Up to 6 months post-birth for the parentage order
You should expect the entire process to take anywhere from 12 to 18 months.
Key takeaway: Surrogacy requires time and patience—being legally and emotionally prepared is key to a smoother experience.
Surrogacy can be a fulfilling way to grow your family, but it comes with specific legal processes and emotional considerations. If you’re based in Brisbane, working with surrogacy lawyers who understand Queensland’s legal framework will make your journey more manageable and less stressful.
Whether you’re just starting to explore your options or are ready to take the next step, understanding your rights and responsibilities will help you build a strong foundation for the future.