Introducing Surrogacy Law Services at Pippa Colman Family Law
Building a family through surrogacy is one of the most significant journeys a person or couple can undertake - and in Queensland, it’s also a legally complex one. Pippa Colman Family Law now offers dedicated legal advice for intended parents and surrogates navigating surrogacy arrangements in Queensland.
What Is Surrogacy, and How Does It Work Legally in Queensland?
Surrogacy is an arrangement where a surrogate (or birth mother) carries and gives birth to a child on behalf of intended parents, who then become the child's legal parents pursuant to a Parentage Order. In Queensland, only altruistic surrogacy is permitted - commercial surrogacy arrangements are prohibited by law – and there must be a medical or social reason underpinning the need for a surrogate.
At birth, the surrogate (and her partner, if she has one) is considered the legal parent of the child. There are steps that need to be taken to transfer parentage from the surrogate to the intended parents, who then become the legal parents of the child. There are rules that must be followed for that to take place, which begin well before conception.
For a surrogacy arrangement to comply with the Surrogacy Act 2010 (Qld) and for a Parentage Order to ultimately be made, the following generally must occur:
Independent legal advice for both the surrogate and the intended parents
Appropriate counselling with a qualified counsellor before entering the arrangement
Entering into a formal, written surrogacy agreement, entered into before conception (note: only reasonable, surrogacy-related costs paid or reimbursed (no payment for the surrogacy itself)
Obtaining a Surrogacy Guidance Report after the baby is born, from a qualified counsellor who is different to the one seen prior to conception
After the birth, and when the baby is between 28 days and 6 months old, filing an application for a parentage order in the Children's Court of Queensland to legally transfer parentage
Why Early Legal Advice Matters
Many of the legal requirements for a valid surrogacy arrangement in Queensland must be satisfied before conception - which means that by the time some people seek legal advice, it may already be too late to meet a key requirement. Early advice allows issues to be identified and resolved before they become genuine legal risks to the arrangement or the parentage order application down the track.
This is also why we work closely with fertility clinics, counsellors, psychologists and other allied professionals - so that clients are referred for legal advice at the right time, not just once an agreement is ready to sign.
How Pippa Colman Family Law Can Help
Our experienced family lawyers support clients at every stage of the surrogacy journey:
Initial advice for intended parents on Queensland's legal framework, requirements, and the surrogate's reasonable expenses
Independent advice for the surrogate, as required by law, on her rights, obligations and the implications of the arrangement
Preparation and review of surrogacy agreements, addressing conception, medical decision-making, expenses, and expectations after birth
Parentage order applications, including supporting affidavits, liaison with the Court, and the subsequent registration process
Legal guidance throughout the process
Legal advice and representation in the event that a Parentage Order has not been, or cannot be obtained
Our team - including Directors and Accredited Family Law Specialists - brings both technical rigour and a compassionate, practical approach to what is often an emotionally significant process for everyone involved.
Who Should Get in Touch?
It's worth speaking with a surrogacy lawyer if you:
Are considering surrogacy as a path to parenthood
Have identified a potential surrogate, or been matched through a fertility clinic
Are preparing to enter into a surrogacy arrangement
Are already pregnant under a proposed surrogacy arrangement
Have recently had a child through surrogacy and need to apply for a parentage order
Have had a child through a formal or informal surrogacy or egg/sperm donation process, and require advice as to parentage or parental responsibility
The earlier you seek advice, the more options you have.
Frequently Asked Questions
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No. Queensland only permits altruistic surrogacy. Intended parents may reimburse the surrogate's reasonable surrogacy-related expenses, but payment for the surrogacy arrangement itself is prohibited under the Surrogacy Act 2010 (Qld).
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Yes. The law requires the surrogate and the intended parents to obtain independent legal advice from separate lawyers - one lawyer cannot act for both sides.
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A parentage order is a Court order that legally transfers parentage of the child from the birth mother (and her spouse/partner, if applicable) to the intended parent or parents. Applications are usually made between 28 days and 6 months after the birth.
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Before entering into any surrogacy arrangement, and ideally well before conception - several statutory requirements can only be met before the pregnancy begins.
Speak with Our Surrogacy Lawyers
If you're considering surrogacy, or supporting a client or patient through the process, contact Pippa Colman Family Law today for advice tailored to your situation.