Surrogate Parenthood Act 1988

Queensland Surrogate Parenthood Act 1988 Reprinted as in force on 9 November 1995 Reprint No. 1 * This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 Act No. 2 s 61 * Minor differences in presentation between this reprint and another reprint with the same number are due to the conversion to new styles. The content has not changed.

Information about this reprint This Act is reprinted as at 9 November 1995. Minor editorial changes allowed under the provisions of the Reprints Act 1992 mentioned in the following list have also been made to— • use expressions consistent with current drafting practice (s 29) • use aspects of format and printing style consistent with current drafting practice (s 35) • omit provisions that are no longer required (s 39) • omit the enacting words (s 42A). This page is specific to this reprint. A table of reprints is included in the endnotes. See endnotes for information about editorial changes made in the reprint including the table of obsolete and redundant provisions. Spelling The spelling of certain words or phrases may be inconsistent with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’).

Queensland Surrogate Parenthood Act 1988 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Meaning of expressions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Surrogacy prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Effect in Queensland of prescribed contracts. . . . . . . . . . . . . . . . 4 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . 6 6 6 7 7 7

Surrogate Parenthood Act 1988 [s 1] Surrogate Parenthood Act 1988 [reprinted as in force on 9 November 1995] An Act to proscribe surrogacy in relation to child bearing and for related purposes 1 Short title This Act may be cited as the Surrogate Parenthood Act 1988 . 2 Meaning of expressions In this Act— act as a surrogate parent means to lend oneself as the bearer of a child to the performance of a prescribed contract that has been made or that is to be made. prescribed contract means a contract, agreement or arrangement made between 2 or more persons, whether formally or informally and whether or not for payment or reward, under which it is agreed— (a) that a person shall become or shall seek or attempt to become the bearer of a child and that a child delivered as the result thereof shall become and be treated, whether by adoption, agreement or otherwise, as the child of any person or persons other than the person firstmentioned in this paragraph; or (b) that a child delivered from a person who is the bearer of any embryo, foetus or child at the time when the prescribed contract is made shall become and be treated, whether by adoption, agreement or otherwise, as the child of any person or persons other than the person firstmentioned in this paragraph. Reprint 1 Page 3

Surrogate Parenthood Act 1988 [s 3] 3 Surrogacy prohibited (1) A person shall not— (a) publish or cause to be published any advertisement, statement, notice or other document that— (i) is intended or likely to induce a person to agree to act as a surrogate parent; or (ii) seeks or purports to seek a person to agree to act as a surrogate parent; or (iii) states or implies that a person is willing to agree to act as a surrogate parent; or (iv) states or implies that a person is willing to enter into a prescribed contract; or (b) make, give or receive or agree to make, give or receive a payment or reward for or in consideration of— (i) entering into a prescribed contract; or (ii) a person agreeing to act as a surrogate parent; or (c) enter into or offer to enter into a prescribed contract. Maximum penalty—100 penalty units or 3 years imprisonment. (2) A person who does an act that is prohibited by subsection (1) commits an offence against this Act and is liable to be punished therefor if— (a) the act occurs in Queensland, irrespective of the whereabouts of the offender at that time; or (b) the offender is ordinarily resident in Queensland at that time, irrespective of where the act occurs. 4 Effect in Queensland of prescribed contracts (1) A prescribed contract made after the commencement of this Act is void. (2) No action shall be maintained in a court of Queensland— Page 4 Reprint 1

Surrogate Parenthood Act 1988 [s 4] (a) for the enforcement of a prescribed contract made after the commencement of this Act; or (b) for the recovery of any money or other thing paid or given in connection with a prescribed contract made after the commencement of this Act; wherever the contract may be made and whatever law may be the proper law of the contract. Reprint 1 Page 5

Surrogate Parenthood Act 1988 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 6 Table of obsolete and redundant provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Surrogate Parenthood Act 1988 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 6 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Reprint 1

Surrogate Parenthood Act 1988 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments to none Effective 6 October 1988 Reprint date 9 November 1995 5 List of legislation Surrogate Parenthood Act 1988 No. 65 date of assent 6 October 1988 commenced on date of assent 6 Table of obsolete and redundant provisions under the Reprints Act 1992 s 39 Omitted provision penalty provision permitting fine or imprisonment permits both Provision making omitted provision obsolete/redundant Penalties and Sentences Act 1992 s 180A © State of Queensland 2010 Reprint 1 Page 7