Queensland Consolidated Acts
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SURROGACY ACT 2010 - SECT 7
Meaning of surrogacy arrangement
"surrogacy arrangement" means an arrangement, agreement or understanding
between a woman and another person or persons under which—
(a) the woman
agrees to become, or try to become, pregnant with the intention that—
child born as a result of the pregnancy is to be treated as the child, not of
the woman, but of the other person or persons; and
(ii) the woman will
relinquish to the other person or persons custody and guardianship of a child
born as a result of the pregnancy; and
(b) the other person or persons agree
to become permanently responsible for the custody and guardianship of a child
born as a result of the pregnancy.
Section 7 (1) sets out only the
minimum requirements for a surrogacy arrangement. There are many additional
requirements which must be satisfied to obtain a parentage order under chapter
3 . For example, independent legal advice must be obtained before entering
into a surrogacy arrangement if transfer of parentage of the child born as a
result of the arrangement is desired—see section 22 (2) (e) (i) .
There may be other parties to a surrogacy arrangement, for example, the
1 The woman’s spouse (if any) must be a party
to the arrangement if transfer of parentage of the child born as a result of
the arrangement is desired—see section 22 (2) (e) (v) .
"Spouse" is defined in the Acts Interpretation Act 1954 , schedule 1 to
include a de facto partner and a civil partner.
(3) Also, there may be
other matters dealt with in a surrogacy arrangement.
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