Surrogacy: Before You Start
Preparing for Surrogacy in Queensland
Before beginning the surrogacy process, there are a number of important steps to work through. Surrogacy is not just a medical process. It is a legal, emotional and practical one. The work done before conception sets the foundation for everything that follows.
Taking the time to understand what is required, and working through it carefully, will help you move forward with more clarity and confidence.
Book your Free 30min assessment
Discuss your legal needs with an expert surrogacy lawyer. Consultations by telephone unless otherwise arranged. Max 30 minutes.
Trouble booking? Open in new tab.
Do You Meet the Eligibility Requirements?
- This may include:
- an inability to conceive
- an inability to carry a pregnancy safely
- significant health risks associated with pregnancy
- repeated unsuccessful attempts at pregnancy
- Surrogacy is also available to:
- single people
- same-sex couples
- heterosexual couples
The law recognises that the path to parenthood is different for everyone.
- There are also age requirements:
- the birth mother must be at least 25
- intended parents must also be at least 25
- Importantly, surrogacy in Queensland must be altruistic. This means:
- the birth mother is not paid
- but she can be reimbursed for reasonable expenses
At its core, the legal framework is designed to protect the wellbeing of the child and ensure all parties are informed and supported throughout the process.
The Medical Pathway
Surrogacy is generally considered a last step, not a first step.
- The usual pathway is:
- You begin with your GP, who will refer you to a fertility specialist
- The specialist will undertake investigations and discuss available options
- In many cases, you will be required to consider or attempt other fertility treatments first
- If pregnancy is not possible or appropriate, surrogacy may be recommended
This medical process is an important part of establishing eligibility and ensuring that surrogacy is the right pathway for you.
Finding a Surrogate
One of the most significant steps is finding the right person to act as a surrogate.
- In Queensland, you cannot advertise for a surrogate. This means most people connect through:
- family or close friends
- extended personal networks
- online communities and forums
- introductions through fertility clinics
There is no single “right” way to do this.
What matters is:
- trust
- shared understanding
- the ability to communicate openly
This is not just a process, it is a relationship that will continue throughout the pregnancy and often beyond.
Counselling (A Required Step)
Counselling is a mandatory part of the surrogacy process in Queensland.
Before entering into a surrogacy arrangement:
- all parties must attend counselling
- this includes intended parents, the birth mother, and her partner (if she has one)
This counselling provides an opportunity to:
- explore motivations
- discuss expectations
- work through potential challenges
- understand the emotional and psychological aspects of the process
A further counselling process is required after the child is born as part of the parentage order application.
While it is a legal requirement, counselling is also one of the most valuable parts of the process. It creates space for important conversations early on.
Legal Advice (A Required Step)
Before conception, all parties must receive independent legal advice.
Each party (that is, the intended parents and the birth parents) must have their own lawyer.
That advice will cover:
- the nature of the surrogacy arrangement
- legal rights and obligations
- what happens if circumstances change
- the implications of the parentage order
- the importance of openness about the child’s birth parentage
As part of this process, a written surrogacy agreement is prepared and signed before conception.
This agreement:
- records what has been discussed and agreed
- outlines roles and expectations
- is required later when applying for a parentage order
Legal advice at this stage ensures that everyone understands the process and is making informed decisions from the outset.
Common Mistakes Before Conception
There are a number of common issues that can create difficulties later in the process.
Waiting Too Long to Get Advice
Rushing the Agreement
Not Aligning Expectations
Some people delay getting legal or counselling advice until they feel “ready”.
This can lead to:
- gaps in compliance
- misunderstandings
- delays later in the process
Early advice provides clarity and direction.
Once everyone is aligned, it can be tempting to move quickly.
However, the surrogacy agreement is not just a formality.
It is an opportunity to:
- work through difficult scenarios
- clarify expectations
- ensure everyone is genuinely comfortable
Taking the time to do this properly reduces the risk of issues later.
Many challenges in surrogacy are not legal, they are practical and emotional.
Common areas of difference include:
- communication during pregnancy
- involvement in medical appointments
- decision-making
- contact after the child is born
These conversations can feel difficult, but they are essential.
A Practical Approach
Before you start, focus on:
- understanding the process
- getting the right advice early
- having clear and honest conversations
- taking the time to prepare properly
Surrogacy is a structured process, but it is also a human one.
The more informed you are at the beginning, the more confident you will be as you move forward.
next steps
If you are considering surrogacy, a good place to start is understanding what is required before conception.
Watch our webinar on the whole surrogacy process from start to finish, from a legal view.
Download our Pre-Conception Checklist
Download our Surrogacy Budget Planner
Or contact us to discuss your situation