Newman Government Plan to Remove Same-Sex Surrogacy Rights!

30/01/2013

Newman Government are planning to remove altruistic surrogacy for same-sex couples

In a move last year the LNP announced plans to remove altruistic surrogacy in Queensland. The surrogacy amendments were passed. However, the government hasn’t said when they will introduce the amendments into parliament.

When this does eventually make it to parliament, it will make surrogacy for same-sex couples and single people illegal in Queensland. If the Queensland government passes this, it will breach universal human rights acts.

At DA Family Lawyers in Brisbane we know giving and receiving life is a serious matter and that is why we offer surrogacy advice…

The Surrogacy Act allows couples who, for medical or social reasons, are unable to give birth the opportunity to start a family of their own with the help of a surrogate.

At this point in time in Queensland the surrogacy agreement is a formal written agreement between the intended family and the birth mother and will include:

  • Provisions as to how the surrogate will become pregnant;
  • What will occur during the pregnancy;
  • How the birth will proceed;
  • And what is to happen after the birth.

Requirements for entering a surrogacy agreement:

  • The intended parents must be at least 25 years old at the time of entering the surrogacy arrangement;
  • The birth mother (surrogate) must be 25 years old at the time of entering the surrogacy arrangement;
  • The intended parents must be residents of Queensland;
  • The intended parents and birth mother and her spouse/partner (if any) must participate in counselling in relation to the social and psychological implications of the proposed surrogacy arrangement prior to entering the surrogacy arrangement; and
  • The intended parents, birth mother and her spouse/partner (if any) must obtain independent legal advice in relation to the legal implications of the proposed surrogacy arrangement.

Here’s an example…

You may have heard of the 61yr old grandmother who was a surrogate for her own grandson. For medical reasons the daughter was unable to give birth. Using in vitro fertilisation procedure, the daughter and her husband were the biological parents and the grandmother the gestational carrier. Nine months later a healthy baby boy was born. And this is not the only case of this kind of successful surrogacy happening with several other cases of parents acting as successful surrogate parents with good results.

However…

It is very important to understand that the surrogacy laws in Queensland are changing. In Queensland a surrogacy arrangement is not binding or enforceable. Basically what this means is the birth mother is not required by law to relinquish the child to the intended parents once the child is born. And on the other hand the intended parents are under no legal obligation to accept custody of the child.

At DA Family Lawyers in Brisbane we pride ourselves on a sensitive and cost effective approach to resolving legal issues arising out of relationship issues. Our team of senior professionals are here to offer clients insight and experience into all legal matters regarding children.

For more information on our legal services, or to book an appointment please do not hesitate to contact us.

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