You’re likely visiting this page as you’re hoping to grow your family, or hoping to help another family grow theirs. First of all, a big congratulations for what is a significant, exciting and sometimes daunting time.
Surrogacy is legal in Australia under certain conditions, part of the surrogacy process is a requirement to consult with a surrogacy lawyer for legal advice. In Australia, only altruistic surrogacy is legal. Altruistic surrogacy is where the carrier will be paid for their expenses, but not financially rewarded for the pregnancy itself.
This process can be done in a number of ways. There are three common types: traditional surrogacy, gestational surrogacy, and third-party reproduction.
- Traditional surrogacy is where the surrogate uses their own eggs to become pregnant and have a baby.
- Gestational surrogacy is where an embryo created from donor eggs or sperm, and a donor embryo, is implanted into the surrogate.
- Third-party reproduction utilises donated eggs fertilised in vitro with donor sperm.
Surrogacy arrangements and surrogacy laws in QLD
If you are a couple hoping to start a family through surrogacy, you need to ensure that your surrogacy agreement is legal and binding, perhaps you’re looking for surrogacy lawyers in Brisbane.
Surrogacy arrangements in Queensland are legal under specific conditions. Surrogacy lawyers help prospective families to navigate the Surrogacy Act (Qld) 2010.
A significant feature of all parts of the surrogacy process is the informed consent of all involved parties.
The first condition that you should be aware of is that surrogates must receive the appropriate psychological assessment before they can commence any treatment to become pregnant, through assisted reproductive technologies (ART).
The next part of the process involves written agreements, which can include pre-conception, prenatal and postnatal arrangements. In order for these agreements to be legally binding, you must obtain independent legal advice prior to signing. This is a requirement of surrogacy law in Queensland.
Your surrogacy arrangements need to be set out in writing. Arrangements to be negotiated include who will provide the egg, who will provide the sperm, when embryo transfer will take place, and what gifts and expenses of the pregnant person are permitted and fall under the legal terms of surrogacy in Australia. Your surrogacy agreement will also cover the eventual adoption of the child by their intended family.