The Surrogacy Act Queensland

Surrogacy Act Queensland (2010)

Many long to have children and for one reason or another are unable to conceive. However, the solution is in the process of surrogacy. The Surrogacy Act Queensland 2010 and its provisions will be explored throughout the essay. Alongside the legal process of surrogacy, potential complications that could arise and recommendations to the legal system will also be thoroughly examined.

According to the Surrogacy Act 2010 Queensland, surrogacy is defined as the practice by which a female decides to carry and conceive another person’s child, to whom she intends to pass over at the time of birth. The Act aims to regulate this area and to facilitate the transfer of parentage of the child, as displayed in appendix A.

Altruistic agreements are when a woman becomes pregnant and bears a child for no financial gain with the intention of transferring the child to his/her biological parents. The party involved in surrogacy is the surrogate mother, sperm and/or gamete donor and the biological parents depending on the circumstances of the agreement. The general process that follows is seeking independent legal advice, counselling, agreement in writing, conception & pregnancy, birth registration, surrogacy guidance report and applying for a parentage order.

A prevalent amendment to the Act is allowing same-sex couples to be eligible for surrogacy, as seen in appendix B surrogacy rights for gay couples in Queensland has since been legalised. The legalisation made this change in relation to the Australian Human Rights Commission which aims to empower all people to understand and exercise their human rights. Surrogacy arrangements raise a number of human rights issues and aspects of the arrangements can arguably conflict with the rights of children as protected under international law.

Surrogacy

As a surrogacy arrangement is not enforceable the surrogate is not obliged to transfer parentage to the intended parent(s) and vice versa, irrespective of whether there is a surrogacy arrangement previously agreed upon. This is understood in the early stages of a surrogacy arrangement, ensuring that both parties are prepared for potential calamities. The law states these types of concerns are established to enable the arrangement to be an open transition amongst both parties. The Act only partially conforms to the current socio-economic position of Queensland. Legalising commercial surrogacy throughout Australia is an amendment that would require consideration from various