CHAPTER CONTENTS

Last Updated 14 January 2019

pdf_downloadAltruistic Surrogacy
Surrogacy Parentage Orders
In Vitro Fertilisation – Liabilities and Rights of Parents
In Vitro Fertilisation Disputes
Collection and Use of Gametes
In Vitro Fertilisation – Other Legal Issues

Altruistic surrogacy arrangements are lawful in Queensland according to the Surrogacy Act 2010 (Qld) (Surrogacy Act). Commercial surrogacy, where a payment or other material benefit is made for entering into a surrogacy arrangement, remains unlawful (s 56 Surrogacy Act). This is the case whether the commercial surrogacy arrangement is made within Queensland or in another jurisdiction including an overseas jurisdiction (s 54 Surrogacy Act). The paramount guiding principle underpinning the Surrogacy Act is that of the wellbeing and best interests of a child born as a result of surrogacy.

The procedures of artificial insemination or in vitro fertilisation (IVF) in Queensland and the presumptions of parentage as a result are set out in the Status of Children Act 1978 (Qld). These provisions apply to married couples, a man and a woman living in a genuine domestic relationship and female same-sex de facto couples.