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ARTICLE · 09 MARCH 2020

Queensland surrogacy FAQs

Cooper Grace Ward
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There is no state or territory in Australia that allows parties to enter a commercial surrogacy arrangement.

AustraliaFamily and Matrimonial

Can I pay a surrogate to have my baby?

There is no state or territory in Australia that allows parties to enter a commercial surrogacy arrangement.

A commercial surrogacy arrangement is one where the surrogate mother receives money or any other form of inducement to:

  • agree to enter a surrogacy arrangement;
  • permanently relinquish a child born from a surrogacy arrangement; or
  • consent to the making of a parentage order for a child born from a surrogacy arrangement.

In Queensland, it is illegal to procure a commercial surrogacy arrangement with the penalty being up to three years' imprisonment.

Altruistic surrogacy is the only legal way for parties to engage in surrogacy arrangements in Australia.

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Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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