Yes, surrogacy is legal in Queensland (QLD) under specific conditions. The Surrogacy Act 2010 (QLD) regulates surrogacy arrangements, ensuring they are conducted ethically and legally.

If you’re considering surrogacy, understanding the legal framework and requirements can help you navigate the process confidently.

Understanding Surrogacy in Queensland

Surrogacy in QLD refers to an arrangement where a woman (the surrogate) carries and gives birth to a child on behalf of another person or couple (the intended parents).

Under Queensland law, only altruistic surrogacy — where the surrogate is not paid beyond reasonable expenses — is permitted.

Commercial surrogacy, where the surrogate is financially compensated for carrying the child, is strictly prohibited.

Key takeaway: Surrogacy is legal in QLD, but only under altruistic arrangements. Paying a surrogate beyond reasonable expenses is against the law.

Who Can Enter a Surrogacy Arrangement in QLD?

Surrogacy is available to a wide range of people in Queensland, including:

• Heterosexual couples facing fertility issues
• Same-sex couples
• Single individuals who are unable to conceive or carry a child

There are no restrictions based on marital status, sexual orientation, or gender identity; however, intended parents must meet certain legal criteria and follow the correct process.

Key takeaway: Surrogacy is accessible to a diverse range of individuals and couples, provided they follow the legal requirements.

The Legal Process for Surrogacy in QLD

If you are planning a surrogacy arrangement, there are specific legal steps you must follow to ensure the arrangement is lawful.

1. Create a Surrogacy Agreement

• The agreement must be made before conception.
• It must be a written document signed by all parties involved.
• The surrogate must be at least 25 years old.
• Both the surrogate and intended parents must obtain independent legal advice before signing the agreement.

2. Counselling Requirements

Both the surrogate and intended parents must attend counselling sessions with a qualified professional. This ensures everyone involved understands the emotional, legal, and medical implications of the surrogacy arrangement.

3. Conception and Pregnancy

Once the surrogacy agreement is finalised and all requirements are met, conception can proceed. Typically, this is done through assisted reproductive technology such as IVF.

4. Parentage Order

After the baby is born, the intended parents must apply to the Queensland Supreme Court for a Parentage Order. This legal order transfers parental rights from the surrogate to the intended parents.

To obtain a Parentage Order, you must demonstrate that:

• The surrogacy arrangement complied with QLD laws.
• The child’s birth was registered.
• All parties consent to the order.

Key takeaway: Following the correct legal process — from creating a surrogacy agreement to obtaining a Parentage Order — is necessary to ensure your parental rights are legally recognised.

Costs and Expenses in Surrogacy

Since only altruistic surrogacy is permitted in QLD, the surrogate cannot be paid for carrying the child. However, intended parents can cover the surrogate’s reasonable expenses, which may include:

• Medical costs
• Counselling fees
• Legal advice
• Travel expenses related to medical appointments
• Maternity clothing

It’s important to keep accurate records of all expenses to ensure transparency and compliance with the law.

Key takeaway: While you cannot pay a surrogate for their role, covering reasonable expenses is permitted under QLD law.

Legal Risks and Considerations

Although surrogacy is legal in QLD, failing to follow the legal process can result in complications. Some risks to be aware of include:

• Invalid Agreements: Informal or verbal arrangements are not legally recognised.
• Disputes Over Custody: Without a proper Parentage Order, intended parents may face challenges establishing their legal rights.
• International Surrogacy Risks: Queensland law prohibits residents from engaging in commercial surrogacy overseas.

Key takeaway: Ensuring your surrogacy arrangement complies with QLD law can help you avoid legal complications.

Finding a Surrogate in QLD

In Australia, it’s illegal to advertise for a surrogate or pay someone to act as one. This means finding a willing surrogate often relies on personal connections, recommendations from support groups, or fertility clinics. Many intended parents turn to friends or family members willing to assist.

Key takeaway: While finding a surrogate can be challenging, exploring support networks and trusted relationships can improve your chances.

Support Services for Surrogacy in QLD

Navigating surrogacy can feel overwhelming, but various services are available to support you, including:

• Fertility clinics that specialise in assisted reproductive technologies
• Family law professionals experienced in surrogacy arrangements
• Counselling services to guide you emotionally throughout the process

These resources can help you stay informed and supported at every stage.

Surrogacy is legal in QLD under strict guidelines designed to protect everyone involved. By understanding the legal requirements, following the proper process, and seeking professional guidance, you can navigate your surrogacy journey with greater confidence.