Draft Queensland surrogacy bill released

Draft Queensland surrogacy bill released

The Queensland Attorney-General Cameron Dick has released for comment the draft surrogacy bill. The draft bill, as previously detailed:

  • decriminalises and regulates altruistic surrogacy;
  • follows an ACT model to allow the intending parents to be named as the parents on the birth certificate;
  • outlaws commercial surrogacy;
  • includes same sex people as intended parents.

The Bill allows either single people or couples to be intended parents.

The Bill also allows for female partners of birth mothers to be recognised on the birth certificates, a change that was previously flagged.

The Bill contains a nasty clause banning commercial surrogacy. The ban does not cover just what happens in Queensland, but also if it happens anywhere in the world, or in the words of the Bill:

acts done outside Queensland if the offender is ordinarily resident in
Queensland at the time the act is done.

If an ordinary Queenslander decides to go to an overseas surrogacy clinic, such as in California or India, and enters or offers to enter into a commercial surrogacy arrangement, then the person commits an offence for which he or she could receive a fine or a 3 year jail term.

Queensland has been rightly criticised before this Bill for having the most regressive surrogacy legislation in the country: the Surrogate Parenthood Act 1988, which criminalises surrogacy whether it occurs in Queensland, or outside if undertaken by a person ordinarily resident in Queensland. This Bill makes it plain that Queenslanders will still be denied the choice of going to an overseas surrogacy clinic. The Bill therefore would seem to actively discriminate against gay men, who:

  • cannot have children;
  • are banned in Queensland from being able to adopt;
  • may have difficulty locating an altruistic surrogate;
  • and therefore believe that their only option is to go to an overseas clinic.

Unfortunately, the explanatory memorandum of the bill is silent about why it is appropriate for overseas commercial surrogacy arrangements to be banned.

Comment on the draft Bill is open until 10 November, 2009.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

On 9 October 2026, our director Stephen Page wrote to the Attorney-General, the Hon Michelle Rowland MP, calling for the repeal of Part 3 of the Family Law Amendment (2026 Measures No. 1) Regulations 2026. If left in place, these regulations will remove the statutory presumptions that currently help establish the legal parentage of children… Read More »Page Provan Calls for Repeal of Surrogacy Parentage Regulation Changes

Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

A change to Australia’s family law regulations threatens to remove an important layer of legal certainty for nearly 3,000 children born overseas through surrogacy. For their families, the issue is anything but technical. It concerns whether Australian law presumes that the people raising these children are their parents. The repeal of regulation 10.3 of the… Read More »Australian Surrogacy Law Change: 3,000 Children’s Parentage at Risk

Infertility Week: 4 things that can stop surrogacy

Infertility can eat away at a person’s sense of hope. It can make ordinary moments painful: a pregnancy announcement, a family gathering, or the seemingly endless appearance of babies everywhere. For someone longing to become a parent, the question can become deeply personal: why does parenthood seem possible for everyone else? Infertility awareness is not… Read More »Infertility Week: 4 things that can stop surrogacy

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board