5035LAW Lecture Notes - Lecture 3: Surrogacy, Twin
SURROGACY
Legislation Surrogacy Act 2010
Sections
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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Document Summary
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: must be at least 25 years old, intended 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.
