Surrogacy: The 10-Step Process
The Surrogacy Process in Queensland
A step-by-step guide to what to expect
Surrogacy in Queensland follows a structured process.
While every journey is different, there are key steps that need to be worked through to ensure the arrangement is legally compliant and practically workable.
Understanding these steps early helps you know what to expect, plan ahead and make informed decisions as you go.
We break the process into three stages: before conception, during the pregnancy, and after the child is born.
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Stage 1: Before - Preparing for Surrogacy
This is where most of the work happens.
1. Establishing a Medical or Social Need
- Surrogacy begins with understanding why it is required.
This usually involves:
- consulting with your GP
- being referred to a fertility specialist
- undergoing investigations or treatment
In many cases, surrogacy is only recommended after other options have been explored.
This step helps confirm that surrogacy is the appropriate pathway.
2. Connecting with a Surrogate
- The next step is finding the right person to act as a surrogate.
This may be a family member, a friend or someone you connect with through networks or communities
This stage is about:
- getting to know each other
- building trust
- having early conversations about expectations
Taking the time to form a strong foundation here is important.
3. Medical Assessment and Compatibility
- Before proceeding, the surrogate will undergo medical assessment to ensure she is suitable for pregnancy.
This may include:
- health screening
- fertility-related assessments
- discussions with medical professionals
This step ensures that the process is safe and appropriate for everyone involved.
4. Counselling
- All parties must attend counselling before entering into a surrogacy arrangement.
This is a legal requirement.
Counselling provides an opportunity to:
- explore motivations
- discuss expectations
- consider potential challenges
- understand the emotional implications
It is also one of the most valuable parts of the process in preparing everyone involved.
5. Legal Advice and Surrogacy Agreement
- Before conception each party must obtain independent legal advice and a written surrogacy agreement must be prepared and signed.
The agreement sets out:
- roles and responsibilities
- communication expectations
- financial arrangements
- what has been discussed and agreed
This step ensures that everyone is informed and aligned before moving forward.
Stage 2: During - Pregnancy and Birth
Once the preparation is complete, the focus shifts to the pregnancy itself.
6. Conception, Pregnancy and Ongoing Care
- Following medical, counselling and legal steps, the process moves to conception.
This usually involves IVF and ongoing medical care throughout the pregnancy.
During this stage:
- the surrogate manages the pregnancy
- intended parents remain involved (as agreed)
- communication becomes particularly important
Every pregnancy is different, and flexibility is key.
Stage 3: After - Securing Legal Parentage
After the child is born, the legal process continues.
7. Preparing for Birth and Registration
- At birth, the law in Queensland provides that:
- the birth mother is the legal parent
- her partner (if she has one) may also be recognised as a legal parent
The birth must be registered in this way.
The intended parents will usually be involved in decisions such as:
- the child’s name
- arrangements around the birth
Ensuring the birth is registered correctly is important for the next stage of the process.
8. Further Counselling and Surrogacy Guidance Report
- After birth, all parties must attend further counselling with an independent counsellor.
This results in a surrogacy guidance report, which addresses:
- each party’s understanding of the arrangement
- the proposed care arrangements for the child
- whether the arrangement is in the child’s best interests
This report is required for the Court application.
9. Applying for a Parentage Order
- The intended parents must apply to the Court for a parentage order.
This application:
- must be made at least 28 days after birth
- must be made within 6 months of birth
The Court will consider:
- whether all legal requirements have been met
- whether the arrangement was entered into properly
- whether the order is in the best interests of the child
This is the step that transfers legal parentage.
10. The Court’s Decision and Finalisation
- All parties must attend counselling before entering into a surrogacy arrangement.
If the Court is satisfied, it will make a parentage order.
Once the order is made:
- it is registered with Births, Deaths and Marriages
- a new birth certificate is issued
- the intended parents are recognised as the child’s legal parents
This completes the legal process.
A Practical Perspective
While the process is structured, no two journeys are exactly the same.
What makes the biggest difference is:
– understanding the steps early
– seeking advice at the right time
– communicating clearly
– remaining flexible when things change
When you understand the process, you are better placed to move through it with confidence.
How We Can Help
We assist intended parents and birth parents at each stage of the process, including:
- providing legal advice before conception
- preparing surrogacy agreements
- guiding you through legal requirements
- preparing and managing parentage order applications
Our role is to make the legal process clear, practical and manageable.
We also offer fixed fee services, so you can plan your legal costs from the outset.
next steps
If you are considering surrogacy, a good place to start is understanding what is required before conception.
Download our Pre-Conception checklist to understand what comes first.
Watch our webinar on the whole surrogacy process from start to finish, from a legal view.
Want to talk to a human? Book a free initial assessment with a surrogacy lawyer.