QLD Passes New Surrogacy Laws

Surrogacy laws in QLD have been repealed after a heated debate in State parliament.

Under new laws in effect next year, altrustic surrogacy will no longer be a criminal offence, however, surrogacy for payment or financial benefit will still remain illegal.

Significantly, altruistic surrogacy will not be limited to opposite-sex couples, giving the green light to gay couples who wish to start a family.

The laws come with some conditions on the surrogate and intended parents.

All parties will need to be at least 25 years of age prior to entering into a surrogacy arrangement. The surrogacy arrangement will be a formal agreement between the birth mother, her spouse (if any) and the intended parents and will include provision for the birth mother to be paid “reasonable birth costs” in relation to the birth of the child.

Upon the birth the child, the birth mother will be considered the child’s legal parent and guardian, irrespective of the intended parents biological connection to the child. The birth mother will be required to transfer parentage of the child to the intended parents by way of an Application to the District Court of Queensland. Prior to transferring parentage of the child to the intended parents, the Court will need to be satisfied that the birth mother, her spouse (if any) and the intended parents have participated in counselling, have obtain independent legal advice and that the transfer is in the best interest and wellbeing of the child.

There is some concern though, that there is no legal requirement for birth mothers to hand over the baby.

“One of the issues that may taint the implementation of altruistic surrogacy in Queensland is that the proposed legislation provides that a surrogacy agreement is not enforceable,” says Amy Sanders-Robbins, family lawyer at michael sing lawyers.

“In essence, the birth mother will not be required, at law, to relinquish the child to the intended parents, the biological parents, if she changes her mind. This will be a great worry for some parents, particularly as surrogacy may be their last chance to start a family.”

One ‘celebrity’ has already stepped up to say that she will be making use of the new surrogacy arrangements. Former NRL groupie Charmayne Palavi, 38 says her sister has agreed to carry Palavi’s baby with partner Michael Browne, 22. Ms Palavi’s uterus was removed during an operation in 2004.