Queensland Surrogacy Act changes: “a miscarriage of justice”: Law Society

Queensland Surrogacy Act changes: “a miscarriage of justice”: Law Society

The Queensland Law Society has highlighted two major issues with proposed changes to the Surrogacy Act
2010 – significant legislative inconsistencies and discrimination.
The changes include redefining ‘intended parent and couple’ to refuse access to surrogacy arrangements
for same-sex couples, single people and those who have been in a de facto relationship for less than two
years.
President Dr John de Groot said it wasn’t a case of wading into recent debate on same-sex couples’
status but ensuring legislation was fair and just and doesn’t infringe human rights.
“This means ensuring clarity in workable laws and freedom from discrimination,” Dr de Groot said.
“The proposed changes to the Surrogacy Act can put people in a catch-22 situation.
“For example, a doctor who is approached to assist a same-sex couple to access a surrogacy
arrangement may be an accessory to a criminal offence under state law if they assist, and if they refuse,
unlawfully discriminating against the same-sex couple according to federal law.
“The proposed changes allow the government to set different rules for different people and discriminate in
a way that businesses and individuals in our society may not.
“If companies or private individuals discriminate against people on the basis of their relationship status,
they are violating two state and two commonwealth laws and a range of internationally recognised human
rights.
“The current surrogacy law requires no change as it is consistent with other legislation and is nondiscriminatory
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