Queensland Consolidated Acts

SURROGACY ACT 2010 - SECT 7

7 Meaning of surrogacy arrangement

(1) A
"surrogacy arrangement" means an arrangement, agreement or understanding between a woman and another person or persons under which—

(a) the woman agrees to become, or try to become, pregnant with the intention that—

(i) a child born as a result of the pregnancy is to be treated as the child, not of the woman, but of the other person or persons; and

(ii) the woman will relinquish to the other person or persons custody and guardianship of a child born as a result of the pregnancy; and

(b) the other person or persons agree to become permanently responsible for the custody and guardianship of a child born as a result of the pregnancy.

Note—

Section 7 (1) sets out only the minimum requirements for a surrogacy arrangement. There are many additional requirements which must be satisfied to obtain a parentage order under chapter 3 . For example, independent legal advice must be obtained before entering into a surrogacy arrangement if transfer of parentage of the child born as a result of the arrangement is desired—see section 22 (2) (e) (i) .

(2) There may be other parties to a surrogacy arrangement, for example, the woman’s spouse.

Notes—

1 The woman’s spouse (if any) must be a party to the arrangement if transfer of parentage of the child born as a result of the arrangement is desired—see section 22 (2) (e) (v) .

2
"Spouse" is defined in the Acts Interpretation Act 1954 , schedule 1 to include a de facto partner and a civil partner.

(3) Also, there may be other matters dealt with in a surrogacy arrangement.