{"id":26055,"date":"2017-11-27T06:14:06","date_gmt":"2017-11-27T06:14:06","guid":{"rendered":"https:\/\/rmolaw.com.au\/surrogacy-the-issues-worth-knowing-about\/"},"modified":"2025-02-24T05:18:38","modified_gmt":"2025-02-24T05:18:38","slug":"surrogacy-the-issues-worth-knowing-about","status":"publish","type":"post","link":"https:\/\/rmolaw.com.au\/zh\/surrogacy-the-issues-worth-knowing-about\/","title":{"rendered":"Surrogacy: The Issues Worth Knowing About"},"content":{"rendered":"<p>We regularly receive inquiries from individuals looking to go down the path of surrogacy.<\/p>\n<p>The ability to enter a surrogacy arrangement is a complex area; however became just that little bit easier on 1 June 2010 when the <i>Surrogacy Act 2010<\/i> (\u201c<b>the Act<\/b>\u201d) commenced.The Act means that Queenslanders can now enter into not-for-profit surrogacy arrangements.<\/p>\n<h3>What Is A Surrogacy Arrangement?<\/h3>\n<p>A surrogacy arrangement is an agreement between a birth mother and an intended parent\/s where the birth mother agrees to carry a child which, once born, will be treated as a child of the intended parent\/s.<\/p>\n<p>The agreement is formalised between the birth mother, her partner and the intended parent\/s.There are strict requirements which must be adhered to when preparing the Surrogacy Agreement, including mandatory counselling and the obtaining of legal advice by all parties.<\/p>\n<p>Once the child is born, the birth mother surrenders custody and guardianship of the child and the intended parent\/s become permanently and legally responsible for the child.<\/p>\n<h3>Am I Eligible To Become An Intended Parent?<\/h3>\n<p>In order to be an eligible intended parent of a surrogacy arrangement, you must have a medical or social need for it.<\/p>\n<p>This includes things such as:<\/p>\n<ul>\n<li><span style=\"font-size: 115%;\">you are unable to conceive a child, or<\/span><\/li>\n<li><span style=\"font-size: 115%;\">you are unable to, on medical grounds, carry a pregnancy or to give birth, or<\/span><\/li>\n<li><span style=\"font-size: 115%;\">you are able to conceive but:<\/span>\n<ul>\n<li><span style=\"font-size: 115%;\">either you or the child is unlikely to survive the pregnancy or birth, or<\/span><\/li>\n<li><span style=\"font-size: 115%;\">it is likely that your health will be significantly be affected by the pregnancy or the birth, or<\/span><\/li>\n<\/ul>\n<\/li>\n<li><span style=\"font-size: 115%;\">you are able to conceive a child affected by genetic condition or disorder, the cause of which is attributable to the woman, or<\/span><\/li>\n<li><span style=\"font-size: 115%;\">be likely to conceive a child whose health is likely to be significantly affected by pregnancy or birth.<\/span><\/li>\n<\/ul>\n<h3>Should I Pay The Birth Mother?<\/h3>\n<p>Intended parents are allowed to pay the birth mother\u2019s surrogacy costs.This includes the costs associated with preparing the surrogacy agreement, becoming pregnant, carrying the child to term, the costs of delivering the child, and the costs of being a party to proceedings for a parenting order.<\/p>\n<p>Commercial surrogacy, where the birth mother is paid over and above the reasonable costs associated with the surrogacy arrangement, is illegal.There are penalties for entering into a commercial surrogacy arrangement which range up to three years imprisonment.<\/p>\n<h3>What Happens When The Child Is Born?<\/h3>\n<p>The child lives with the intended parent\/s after the birth for at least 28 days before an application to court for a parentage order is made.That application must be made within 6 months of the child being born.<\/p>\n<p>There are exceptions to these time-frames but they require leave of the court to be granted. For the child to become a child of the intended parents, it is necessary for the Children\u2019s Court to make a parentage order to this effect.<\/p>\n<p>Before the court will make a parentage order they must be satisfied that:<\/p>\n<ul>\n<li><span style=\"font-size: 115%;\">the child has resided with the intended parents for at least 28 consecutive days, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the child was residing with the intended parents at the time the application was made to the court, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the child is residing with the intended parents at the time of the hearing, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the intended parents are entitled to apply for the parentage order, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">there is evidence of a medical or social need for the surrogacy, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the surrogacy arrangement was made after all parties to the agreement received independent legal advice and counselling, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the surrogacy arrangement was made in writing with the consent of all of the parties to it, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the surrogacy arrangement was made before the child was conceived, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the surrogacy arrangement is not a commercial surrogacy arrangement, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">all parties to the surrogacy arrangement are at least 25 years of age, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">the intended parents are ordinarily resident in Queensland, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">all parties consent to the surrogacy arrangement at the time of the hearing, and<\/span><\/li>\n<li><span style=\"font-size: 115%;\">a guidance report supports the making of the order.<\/span><\/li>\n<\/ul>\n<h3>How Much Will It Cost?<\/h3>\n<p>As the intended parents it is likely that you will spend approximately $35,000 to $55,000 on both your legal fees and those of the intended mother, your respective counselling and medical expenses.<\/p>\n<h3>How We Can Help<\/h3>\n<p>Quinn &amp; Scattini Lawyers regularly assist individuals and couples with family law matters, including in cases where a client wants to go down the path of surrogacy.We have compassion and understanding for all matters which are emotional, as is the case with surrogacy matters. With over 40 years\u2019 experience, our <a href=\"https:\/\/rmold.newwebsite.live\/expertise\/family-de-facto-law\/\" target=\"_blank\" rel=\"noopener\">Family &amp; De Facto Law Team<\/a> are experts in the family law field. The team also boasts an Accredited Family Law Specialist.<\/p>\n<h3>\u8054\u7cfb\u6211\u4eec<\/h3>\n<p>Are you entering into a surrogacy arrangement? Get the best representation. Contact Quinn &amp; Scattini Lawyers&#8217; family lawyers on <a href=\"tel:1800999529\">1800 999 529<\/a>, email <a href=\"mailto:mail@rmold.newwebsite.live\">mail@rmold.newwebsite.live<\/a> or submit an enquiry below.<\/p>","protected":false},"excerpt":{"rendered":"<p>Surrogacy arrangements are a complex area of law and require expert legal advice so you are aware of potential issues. The ability to enter a surrogacy arrangement is a complex area; however became just that little bit easier on 1 June 2010 when the Surrogacy Act 2010 (\u201cthe Act\u201d) commenced.The Act means that Queenslanders can now enter into not-for-profit surrogacy arrangements.<\/p>","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[],"expertise":[288],"class_list":["post-26055","post","type-post","status-publish","format-standard","hentry","category-uncategorized","expertise-family-de-facto-lawsurrogacy"],"acf":[],"_links":{"self":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26055","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/comments?post=26055"}],"version-history":[{"count":1,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26055\/revisions"}],"predecessor-version":[{"id":27022,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/posts\/26055\/revisions\/27022"}],"wp:attachment":[{"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/media?parent=26055"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/categories?post=26055"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/tags?post=26055"},{"taxonomy":"expertise","embeddable":true,"href":"https:\/\/rmolaw.com.au\/zh\/wp-json\/wp\/v2\/expertise?post=26055"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}