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

My Surrogacy Reform Wish List for Australia

Australia’s surrogacy framework is fragmented, outdated and producing avoidable harm for intended parents, surrogates and, most importantly, children. A clearer, fairer and nationally consistent approach to surrogacy law reform would reduce cost, stress and legal uncertainty while better protecting human rights and minimising exploitation. Below is a practical wish list for reform that focuses on… Read More »My Surrogacy Reform Wish List for Australia

Harmful proceedings orders

A change that was made to the Family Law Act 1975 in 2024 was to allow the Federal Circuit and Family Court of Australia and the Family Court of Western Australia to make a harmful proceedings order. This is to stop the never ending cycle of abusive court proceedings, which often stretch on for a decade, and… Read More »Harmful proceedings orders

Practical Family Law Drafting: Stephen Page’s Legalwise Intensive Paper

Stephen Page, Director at Page Provan Family and Fertility Lawyers, presented at the Legalwise Practical Family Law Drafting Intensive on 25 February 2026, delivering expert guidance on drafting interim property and maintenance applications. As Australia’s leading surrogacy lawyer and an Accredited Family Law Specialist since 1996, Stephen brings decades of frontline experience to family law… Read More »Practical Family Law Drafting: Stephen Page’s Legalwise Intensive Paper

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