Surrogacy: The Legal Process

Understanding the legal framework in Queensland

Surrogacy is often thought of as a medical or emotional journey.

But it is also a legal process, with specific steps that must be followed to ensure everything is done properly.

In Queensland, the law is designed to protect the wellbeing of the child, ensure all parties are informed, and provide a clear pathway to legal parenthood.

Understanding the legal framework from the beginning allows you to move through the process with confidence.

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A Quick Overview

At its core, surrogacy is an arrangement where a birth mother carries a child for intended parents.
While the arrangement is based on trust and shared intention, the law still plays an important role in:
• setting requirements before conception
• defining legal parentage at birth
• providing a process to transfer parentage after birth

Key Legal Principles to Understand

Before going further, there are a few important concepts to be aware of:

1. Surrogacy Must Be Altruistic

In Queensland:

commercial surrogacy is not permitted
the birth mother cannot be paid
but reasonable expenses can be reimbursed

2. The Arrangement Is Not Enforceable

Surrogacy agreements are not enforceable in the usual contractual sense.

This means:

the agreement records intentions and understanding
but it does not compel a party to act in a particular way

This is why preparation, communication and trust are so important.

3. Legal Parentage at Birth

At birth:

the birth mother is the legal parent
her partner (if she has one) may also be recognised as a legal parent

This applies regardless of genetics.

4. Parentage Is Transferred by Court Order

To become the child’s legal parents, intended parents must apply for a parentage order after the child is born.

This is what legally transfers parentage.

The Legal Steps in the Process

Before Conception

There are two key legal requirements:

Each party must receive independent legal advice.

This advice ensures that everyone understands:

their rights and obligations
the nature of the arrangement
what happens if circumstances change
the implications of the parentage process

A written surrogacy agreement must be prepared and signed before conception.

This document:

records what has been discussed and agreed
outlines roles and expectations
forms part of the later Court application

While not enforceable, it is a critical part of the process.

After Birth

Once the child is born, the legal process continues.

The intended parents apply to the Court for a parentage order.

This application must:

be made at least 28 days after birth
be made within 6 months of birth

The Court must be satisfied that:

all legal requirements have been met
proper counselling and legal advice occurred
the arrangement was entered into before conception
all parties consent
the order is in the best interests of the child

If the Court is satisfied:

a parentage order is made
the order is registered
a new birth certificate is issued
the intended parents become the child’s legal parents

This finalises the legal process.

Why Legal Advice Matters

Legal advice is not just a requirement, it is a key part of making the process work.

It helps:

ensure compliance from the beginning
avoid delays or complications later
clarify expectations between parties
prepare properly for the parentage order

Without proper legal guidance, issues often arise later in the process, particularly at the Court stage.

Where We Help

We assist intended parents and birth parents at each stage of the legal process.

advising each party independently
explaining the legal framework in practical terms
preparing and advising on surrogacy agreements
ensuring all requirements are met before moving forward

providing guidance if issues arise
helping navigate changes or uncertainty

preparing the parentage order application
ensuring all documents and evidence are in order
guiding you through the Court process

A Practical Approach

The legal process in surrogacy is structured, but it does not need to feel overwhelming.

What helps is:

understanding what is required early
getting advice at the right time
approaching the process step by step

With the right support, the legal side of surrogacy can be clear, manageable and predictable.

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