Pop up – Demo

Subscribe Form Popup

ShareThis

Our Expertise

Wiltshire Family Law are experienced in surrogacy law, having dealt
with a number of surrogacy matters since the commencement of the Surrogacy Act 2010 (QLD).

From the initial meeting through to the preparation of the necessary arrangements and agreement, provision of required independent legal advice and liaising with your fertility specialist prior to conception, preparation of necessary court documents to obtain Parentage Orders so as to transfer parentage of a child born of a surrogacy arrangement, Wiltshire Family Law can provide you with expert assistance in a timely, cost effective and considerate manner.

 

Surrogacy

What is a Surrogacy Arrangement?
Surrogacy is an arrangement whereby a woman (known as the “birth mother”) agrees to become pregnant, with the intention of handing over the child to a person or a couple (“the intended parent(s)”). The agreement must be established prior to the pregnancy.
Who can be a Surrogate?

You are eligible to be a surrogate provided you have capacity to make decisions yourself, are over 25 years of age and comply with the conditions set out in the Surrogacy Act 2010 (QLD). These conditions are specific and you should speak with your lawyer about how they relate to you.

You are eligible to be an intended parent whether you are single or in a relationship however, you must be at least 25 years of age prior to entering the agreement. The Act defines further eligibility criteria. Please contact us should you wish to discuss your eligibility as a surrogate or an intended parent.

How do I get started?
The Surrogacy Act 2010 (QLD) provides a framework setting out how to formalise a surrogacy agreement. A requirement of this framework involves the parties to seek legal advice from a lawyer who understands the Act and Family Law.

Your lawyer should provide you with, as a minimum, advice in relation to the following matters:

  • Whether the agreement is enforceable;
  • Your legal obligations under the arrangement and the Act;
  • What happens if you don’t want to hand over the child after birth;
  • Whether child support would be payable if you don’t want to hand over the child;
  • What happens if the intended parents don’t want the child after birth;
  • The legal implications of a parentage order; and
  • Whether a child will know about their birth parentage.

Once all the parties have obtained the required counselling and legal advice, you can then formalise a written surrogacy agreement should everyone wish to proceed.

What happens when the child is born?
After the child is born, it is the birth mother’s responsibility to register the birth of the child. Until a parentage order has been made to transfer the parentage to the intended parents, the birth mother will still be legally considered the child’s parent.

The child may commence living with the intended parents straight away however, the birth mother will be legally responsible for the child until parentage is transferred.
How do I transfer parentage?

The intended parents are required to apply to the Children’s Court to transfer the parentage of the child from the birth parents to them. The application can only be made twenty-eight days after the child has begun residing with them, but not more than six months after the birth of the child.

The intended parents will be required to file a number of legal documents including Affidavits from themselves, the birth parents, the lawyers and counsellors. It is advisable to have your lawyer assist you in preparing these documents.

A Parentage Order will not be made without the birth parents’ consent. In the event the birth parents no longer wish to hand the child over and the intended parents still wish to transfer parentage of the child, it will be necessary for the intended parents to make an Application to the Family Law Courts to determine parenting issues. You should seek advice from your lawyer prior to making this Application.

If the intended parents no longer want the child, it is important that the birth parents are aware that they are legally the child’s parents until a Parentage Order is made to say otherwise. This means the birth parents would have the option of keeping the child or, consenting to the child’s adoption by another person. You should speak with your lawyer and seek advice in relation to your obligations and options in these circumstances

Talk to a specialist in family law
If you have any questions relating to surrogacy, call 13 20 30 to talk to one of our family law solicitors or fill out our contact form and we will call you back.

Gold Coast 07 5554 1555
Sydney 02 9238 2118
Brisbane 07 3181 4328
Live chat