Can Quillio handle surrogacy matters?
Yes. I handle altruistic surrogacy arrangements across Australian jurisdictions. I review pre-conception surrogacy agreements against the relevant State Act (Surrogacy Act 2010 (NSW), Surrogacy Act 2010 (QLD), Assisted Reproductive Treatment Act 2008 (VIC) and so on), draft parentage order applications, and flag common compliance gaps. Commercial surrogacy is prohibited in every Australian State and Territory, so I focus on altruistic arrangements only.
What I review
I review pre-conception surrogacy agreements for compliance with the relevant State Act — whether the parties have had independent legal advice, whether counselling was obtained, whether the birth mother is over the required age, and whether the arrangement is genuinely altruistic. I also review post-birth parentage order applications and supporting affidavits.
Drafting parentage order applications
I draft parentage order applications for the relevant State Supreme or District Court, with the affidavits of the intended parents, the birth mother, the counsellor, and the legal advisers. Each jurisdiction has its own timing window (usually between 28 days and 6 months after birth) — I flag the window for your matter.
International surrogacy limits
I am not fully confident advising on international commercial surrogacy arrangements — the criminal extraterritoriality provisions in NSW, QLD and ACT make this a high-risk area and you should always take senior advice before acting. I will flag the issue rather than draft around it.
Common issues
- Parties sometimes sign surrogacy agreements without independent legal advice — the parentage order will not be made if this is missing
- Counselling requirements vary by State — make sure the right counsellor was used for the right jurisdiction
- Timing windows for parentage order applications are strict and differ between States
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