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

How I Became a Fertility and Surrogacy Lawyer

A legal career that began in mainstream family law evolved into one of Australia’s most specialist practices in fertility, surrogacy and assisted reproductive technology. Over almost four decades, Stephen Page has handled thousands of complex matters, influenced law reform, advised clinics, taught ethics and regulation, and championed the human rights of everyone affected by assisted… Read More »How I Became a Fertility and Surrogacy Lawyer

Lessons From My Own Surrogacy Journey

Stephen Page’s story is a frank, sometimes brutal, ultimately hopeful account of what it means to pursue parenthood when the path is anything but straightforward. From a childhood conviction to be a dad, to confronting infertility, miscarriage, an ectopic pregnancy and the legal uncertainty around parentage, his journey illustrates the medical, emotional and legal hurdles… Read More »Lessons From My Own Surrogacy Journey

Australian Surrogacy Law: Setting the Record Straight on Misleading Claims

Response to op-ed in The Australian by Stephen Page On Wednesday, a UK writer and anti-surrogacy advocate wrote an op-ed in The Australian. I first became aware of the article when my colleague Sarah Jefford OAM told me. For some reason, the author conflated transmen giving birth with surrogacy ( I am still missing the… Read More »Australian Surrogacy Law: Setting the Record Straight on Misleading Claims

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