Surrogacy

Surrogacy

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Surrogacy is an exciting and deeply personal pathway to parenthood. It is also an area of family law requiring careful planning, independent legal advice and an understanding of the legal, practical and emotional issues that can arise before, during and after a pregnancy.

At Pippa Colman Family Law, our experienced family lawyers provide advice to intended parents and surrogates undertaking surrogacy arrangements in Queensland. We work collaboratively with fertility specialists, medical practitioners, counsellors and other professionals involved in the surrogacy journey, so that everyone understands their legal rights and obligations from the outset.

In Queensland, a surrogate (and her partner, if she has one) is considered the legal parent of the child at birth. A parentage order must be obtained in order to transfer legal parentage to the intended parent or parents of the child, but there are requirements that must be met for that to happen. We can help you get there.

Why Early Legal Advice Matters

Surrogacy law is highly regulated and differs between states and territories. In Queensland, arrangements must comply with the Surrogacy Act 2010 (QLD), and several requirements must be met before conception.

  • Legal advice obtained before entering into the arrangement

  • Independent lawyers for the surrogate and the intended parents

  • Appropriate counselling completed

  • Arrangement entered into before conception, and recorded in writing

  • Only reasonable costs reimbursed - commercial surrogacy is prohibited

  • A parentage order sought after the birth to transfer legal parentage

We strongly recommend obtaining legal advice before commencing a surrogacy arrangement.

Early advice can help identify issues before they become problems.

We can assist in the following areas of a property settlement:

  • The legal framework, requirements for a lawful arrangement, and expected costs, for intended parents.

  • Advice to the surrogate on her rights, obligations and the implications of the arrangement.

  • Preparation and review of written surrogacy arrangements between the parties.

  • Applications, supporting documentation and Court liaison following the birth.

When Should You Get in Touch?

The earlier, the better. Some statutory requirements must be satisfied before conception.

  • You're considering surrogacy

  • You've identified a potential surrogate

  • You're preparing to enter into an arrangement

  • You're already pregnant under a proposed arrangement

  • You've recently had a child through surrogacy and need advice about a parentage order

Contact us today for personalised legal assistance tailored to your needs.