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Lecture 3

5035LAW Lecture Notes - Lecture 3: Surrogacy, Twin

Course Code
Colleen Davis

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Legislation Surrogacy Act 2010
Section no Title
S 7 Surrogacy arrangements – definition and requirements
S 8 Definitions
S 9 Intended parents
S 10 Commercial surrogacy arrangement
S 11 Birth mother’s surrogacy costs
S 12 Parentage order
Ch 2 Surrogacy arrangements
S 14 Medical or social need for surrogacy arrangement
S 15 Surrogacy arrangements are not enforceable
S 21-2 Parentage order
-If not agreed upon, the child may stay child of birth parents instead of the intended parents
-Parentage order – transfers custody of child to intended parents
-No criteria for parentage order but for surrogacy (s22) eg:
oMust be at least 25 years old
oIntended parent must live in qld
-Twin pregnancy must have parentage order for both – cannot pick
MJW & Anor v AJL & Anor - Parentage order for twins – to get both
MWV & Anor v LMH - Surrogacy arrangement made before child conceived
S 54 Extraterritorial effect – overseas
S 56 Commercial arrangements prohibited
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