Last updated 3 August 2016

The Surrogacy Act 2010 (Qld) (Surrogacy Act) decriminalises altruistic surrogacy by consenting adults in circumstances of a medical or social need. Same-sex de facto couples are eligible to apply for a parentage order under the Surrogacy Act. Commercial surrogacy remains illegal in Queensland. Same-sex female parents of children born in Queensland are able to record the names of both the birth mother and the female de facto parent on a child’s birth certificate. The sub-div 2A of the Status of Children Act 1978 (Qld) recognises female parents of children born through a fertilisation procedure such as:

  • in vitro fertilisation
  • assisted insemination
  • self insemination.

The ability to register a surrogacy birth is now possible pursuant to a parentage order which is lodged with the Childrens Court of Queensland. For more information on surrogacy in Queensland see the Surrogacy and In Vitro Fertilisation chapter.