Question 1

What is a surrogacy arrangement?

Accepted Answer

A surrogacy arrangement is a process where a woman, known as the birth mother, agrees to carry and give birth to a child for another person or couple, known as the intended parents. Surrogacy offers a pathway to parenthood for those who face challenges in conceiving naturally.

Question 2

What is a commercial surrogacy arrangement?

Accepted Answer

A commercial surrogacy arrangement is one where the surrogate mother is paid beyond reasonable expenses. In Australia, commercial surrogacy is illegal in all states and territories, including Queensland, New South Wales, and the Australian Capital Territory. Engaging in commercial surrogacy arrangements overseas can also lead to criminal charges for residents of these states.

Question 3

What is an international surrogacy arrangement?

Accepted Answer

An international surrogacy arrangement occurs when intended parents from one country enter into a surrogacy agreement with a surrogate mother in another country.

Question 4

Is surrogacy legal in Australia?

Accepted Answer

Yes, altruistic surrogacy is legal in Australia, but it is regulated at the state level, and the laws differ between jurisdictions. Altruistic surrogacy, where the surrogate mother does not receive any payment apart from reimbursement of certain expenses, is allowed under specific conditions. Commercial surrogacy is not permitted.

Question 5

What is altruistic surrogacy?

Accepted Answer

Altruistic surrogacy is a type of surrogacy where the surrogate mother does not receive any payment beyond the reimbursement of certain expenses. This form of surrogacy is legally permitted in Australia under strict regulations.

Question 6

What are the legal requirements for altruistic surrogacy in Queensland?

Accepted Answer

In Queensland, the Surrogacy Act 2010 permits altruistic surrogacy with stringent requirements. Intended parents and birth parents must obtain legal advice, psychological assessment, and counselling before entering into an agreement. The surrogate must be at least 25 years old, and there must be a proven medical or social need for surrogacy.

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