Surrogacy Act 2010 (Qld)

Surrogacy Act 2010

An Act about surrogacy arrangements, to provide for the court-sanctioned transfer of parentage of children born as a result of particular surrogacy arrangements and to prohibit commercial surrogacy arrangements

Chapter 1 Preliminary

Part 1 Introduction

1 Short title This Act may be cited as the Surrogacy Act 2010.

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Dictionary The dictionary in schedule 2 defines particular words used in this Act.

Part 2 Application, objects and guiding principles

4 Act binds all persons (1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and all the other States. (2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

5 Main objects of Act The main objects of this Act are— (a) to regulate particular matters in relation to surrogacy arrangements, including by prohibiting commercial surrogacy arrangements and providing, in particular circumstances, for the court-sanctioned transfer of parentage of a child born as a result of a surrogacy arrangement; and (b) in the context of a surrogacy arrangement that may result in the court-sanctioned transfer of parentage of a child born as a result— (i) to establish procedures to ensure parties to the arrangement understand its nature and implications; and (ii) to safeguard the child's wellbeing and best interests.

6 Guiding principles (1) This Act is to be administered according to the principle that the wellbeing and best interests of a child born as a result of a surrogacy arrangement, both through childhood and for the rest of his or her life, are paramount. (2) Subject to subsection (1), this Act is to be administered according to the following principles— (a) a child born as a result of a surrogacy arrangement should be cared for in a way that— (i) ensures a safe, stable and nurturing family and home life; and (ii) promotes openness and honesty about the child's birth parentage; and (iii) promotes the development of the child's emotional, mental, physical and social wellbeing; (b) the same status, protection and support should be available to a child born as a result of a surrogacy arrangement regardless of— (i) how the child was conceived under the arrangement; or (ii) whether there is a genetic relationship between the child and any of the parties to the arrangement; or (iii) the relationship status of the persons who become the child's parents as a result of a transfer of parentage; (c) the long-term health and wellbeing of parties to a surrogacy arrangement and their families should be promoted; (d) the autonomy of consenting adults in their private lives should be respected.