Pi Surrogacy
Daykin Family Law

Surrogacy Lawyer in Brisbane

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Surrogacy Agreements

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Legal surrogacy in Queensland is strictly altruistic (non-commercial) and there are many intricacies and details in the legislature for which you might need the help of a surrogacy lawyer in Brisbane.

Surrogacy is a form of assisted reproduction, which can involve a woman agreeing to become pregnant with the intention that the child born as a result of the pregnancy is to be treated as the child of another person or couple (known as “the intended parents”).

The process of surrogacy can involve many people, from the birth mother and her partner or spouse to any other people who provide genetic material for the pregnancy, and the intended parents.

For surrogacy to be successful, a number of elements must be satisfied to ensure that parentage of the child born of a surrogacy agreement is transferred effectively to the intended parents under Queensland legislation pursuant to the Surrogacy Act (Qld) 2010.

This is a Court process that includes the following:

  • A medical or social need must be established for the surrogacy arrangement;
  • The birth parents and the intended parents must obtain independent legal advice, and obtain counselling from a qualified counsellor, about the surrogacy arrangement and its implications before the surrogacy arrangement is made;
  • The birth parents and the intended parents must consent to the surrogacy arrangement;
  • A surrogacy guidance report must support the arrangement; and
  • Technical requirements regarding the filing of certain evidence, including Affidavits, must be adhered to.

There are only certain circumstances where the Court can dispense with the above elements and the other requirements.

Book an appointment with our surrogacy lawyers today.

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Fortitude Valley, Brisbane (Main Office)
Level 12, 269 Wickham Street
Fortitude Valley QLD 4006
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