The Family Law Council of
Australia is due to release a Report in December 2013 into the legal issues
surrounding the use of Surrogacy. A number of commentators have recently
interpreted an increase in the number of Citizenship Applications for children born
overseas in Countries such as India, as evidence of an increase in the number
of Australians using Commercial Surrogacy Arrangements overseas.
Whilst we do not know if that
conclusion is correct, it is perhaps timely to remind ourselves that the Surrogacy
Act 2010 (Qld) does continue to make Commercial Surrogacy a criminal offence
with a maximum fine of $11,000.00 and a maximum prison sentence of 3 years. The
Surrogacy Act makes Commercial Surrogacy a criminal offence whether the acts
are carried out in Queensland or if the participants are ordinarily resident in
Queensland at the time the act is carried out, wherever it actually occurs. The
Surrogacy Act does permit Altruistic Surrogacy provided certain criteria are
fulfilled.
