Altruistic Surrogacy

The Surrogacy Act in Queensland has been on the statute books since 2010 and a number of Parentage Orders have now been made pursuant to that Act. The requirements set out in the Act, need to be strictly complied with. Whilst the arrangements in the United Kingdom regarding surrogacy are more piecemeal and there has not been a new Act of Parliament in the UK addressing this issue for nearly 30 years there are many similarities between the two jurisdictions. Most significantly in both places Surrogacy Arrangements are unenforceable. In both jurisdictions it is illegal to advertise for a surrogate or to advertise a willingness to be a surrogate and only expenses can be reimbursed (although there are some slight variations to that in the UK). In both jurisdictions the Court can grant an Order transferring legal parentage of the child.

There are though some differences between the positions in the two jurisdictions. In the UK only a couple can apply for an Order transferring Parentage to them, whilst in Queensland it is possible for a single person to apply. In Queensland a written Surrogacy Agreement between all the parties is mandatory and all of the parties to the process are required to go through a process of counselling. By contrast in the UK as part of the Application to the Court, the Court will commission an expert report to advise it as far as the Application is concerned (similar to a Family Report in Australia).

With a debate emerging in the UK about these issues and whether the legal position there should be changed, it seems that surrogacy will continue to be on the agenda around the world.

Aylward Game Solicitors

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