Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Sunday, February 21, 2010

Approval of Altruistic Surrogacy throughout Australia

Queensland Parliament [on February 11, 2010] decriminalised altruistic surrogacy - whereby another woman has a baby for no payment - bringing the state into line with the rest of Australia.

The law extends to same-sex couples after Opposition attempts to have them excluded failed.

Under the reforms, legal parentage of a child born in an altruistic surrogacy arrangement will transfer from the birth mother to the parent or parents who commissioned the birth.

Queensland Law Society says although commercial payment for such an arrangement is illegal it would be difficult to prevent under-the-table payments or gifts to the surrogate mother.

"Clearly that sort of thing would be difficult to monitor," Queensland Law Society president Peter Eardley said.

Read more here.


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