We often hear of the difficulties and disappointments faced by families wanting children of their own and not being able to have a child of their own for a variety of medical and social reasons. Infertility is a big issue in today’s society, however all couples may now be able to realise their dreams of having a family genetically related to them. New legislation introduced in 2010 is aimed at protecting the rights of both surrogate mothers and the intended parents who will take over the care of the children born.

Significant changes to surrogacy laws have resulted in the legalisation of non-commercial surrogacy in Queensland. Commercial surrogacy, where payment is made for the carrying of a child by a surrogate mother, is still illegal in this state. Non-commercial surrogacy is when the surrogate, normally a family member, agrees to carry the baby for no payment.

This means heterosexual couples, singles, male same sex couples and medically eligible female same sex couples can become parents.

Prior to transferring an embryo to a surrogate mother, both the intended parents and the birth mother must get legal advice and counselling. There is a record of the arrangement but there is usually no detailed formal agreement as they are unenforceable.

Our family lawyers explain all of the very real risks involved on both sides of the arrangement.