Last updated 8 August 2016
The Surrogacy Act 2010 (Qld) (Surrogacy Act) allows a single person (male or female) or a couple (heterosexual or same sex) to enter into an agreement with a woman (the birth mother) and her partner (if she has one) to become pregnant with the intention that the child will be relinquished to the intended parent(s).
For the purposes of the Surrogacy Act, it does not matter how the child is conceived or if the child is genetically related to the parties. There are no restrictions placed on the birth mother in terms of how she manages her pregnancy. Although she cannot profit from the surrogacy arrangement, the birth mother is entitled to the reimbursement of the surrogacy costs (outlined in s 11 of the Surrogacy Act). These include for example:
- reasonable medical costs related to the pregnancy and birth of the child
- counselling and legal costs associated with the surrogacy arrangement
- actual lost earnings because of leave taken during pregnancy or following birth
- reasonable travel expenses incurred.
The surrogacy arrangement is not legally enforceable; however, obligations to pay a birth mother’s surrogacy costs are enforceable unless she chooses not to relinquish the child to the intending parents.
Persons who engage in commercial surrogacy arrangements may be liable to a fine and/or imprisonment.