Florens Florens Integrative Family Law
Expertise

Surrogacy

Surrogacy can be a wonderful way to build a family, but the law is detailed and differs between states. We guide intended parents and birth mothers through each step.

Start with a free 20-minute discovery call. Meetings across Australia, in person or online.

Rachael Aydami walking with a client

In Australia, surrogacy is governed by state and territory laws. In Queensland, only altruistic surrogacy is legal, where the birth mother is not paid beyond her reasonable expenses.

Before a pregnancy, both the intended parents and the birth mother need independent legal advice, and the arrangement must meet strict requirements.

After the birth, the intended parents apply to the court for a parentage order, which transfers legal parentage to them.

A mother with a cup of tea watching her toddler play in the garden

Overseas surrogacy

Commercial surrogacy is illegal in Queensland, and Queensland residents can commit an offence by entering a commercial arrangement overseas. Other states have their own rules.

If you are considering surrogacy overseas, get advice first about the law, parentage and bringing your child home.

International family law

How we can assist

We advise at every stage, before conception and after the birth.

Surrogacy laws differ between states and territories. Get advice before the arrangement is made, not after.

How surrogacy works in Queensland

A careful, staged process.

Call 1300 739 954
  1. Get advice early

    Both sides receive independent legal advice and counselling.

  2. Make the arrangement

    A written surrogacy arrangement is made before the pregnancy.

  3. Pregnancy and birth

    The birth mother is the legal parent at birth.

  4. Apply for a parentage order

    Intended parents apply within the required time after the birth.

  5. Parentage transfers

    Once the order is made, the intended parents become the legal parents.

“The Team at Franklin Family law are amazing, empathetic and professional. They truly had my best interests at heart and looked after me with care and professionalism.”

ClientWritten under our previous name, Franklin Family Law.

Planning a family through surrogacy?

Talk to us early about the legal steps.

What the court looks for

A parentage order is made when the requirements of the law are met.

Compliance

The arrangement met the legal requirements.

Consent

The birth mother and her partner consent to the order.

The child’s wellbeing

The order is in the child’s best interests.

Common questions about surrogacy

Is surrogacy legal in Queensland?

Altruistic surrogacy is legal. Commercial surrogacy, where the birth mother is paid beyond reasonable expenses, is illegal.

Who is the legal parent when the baby is born?

The birth mother, and her partner if she has one, until a parentage order is made.

What expenses can be paid?

Reasonable expenses connected with the pregnancy, birth and arrangement, such as medical costs and some lost income.

Can we do surrogacy overseas?

Queensland residents can commit an offence by entering a commercial arrangement overseas. Get advice before taking any steps.

Do both sides need their own lawyer?

Yes. The intended parents and the birth mother must each receive independent legal advice.

Build your family with confidence.

Talk to us before you begin, so your arrangement is clear and your child’s parentage is secure.

Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.