Last updated 1 August 2018

The Surrogacy Act 2010 (Qld) (Surrogacy Act) decriminalises altruistic surrogacy by consenting adults in circumstances of medical or social needs (s 14). Same-sex couples are eligible to apply for a parentage order under the Surrogacy Act. Commercial surrogacy remains illegal in Queensland (s 56 Surrogacy Act). Same-sex female parents of children born in Queensland are able to record the names of both the birth mother and the female parent on a child’s birth certificate. Subdivision 2A and s 20(a) 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.