Back to the Future: Prohibiting Surrogacy for Singles, Same-Sex and Shorter-Term Heterosexual Couples in Queensland

Journal of Law and Medicine, 20(3), pp. 638-654, 2013

Posted: 10 Jul 2016

See all articles by Malcolm Smith

Malcolm Smith

Queensland University of Technology - Faculty of Law

Lindy Willmott

Queensland University of Technology - Faculty of Law

Pip Trowse

Queensland University of Technology - Faculty of Law

Ben White

Queensland University of Technology - Faculty of Law

Date Written: 2013

Abstract

This article considers the regulatory position concerning altruistic surrogacy in Queensland, focusing on the intended changes to the current legal framework announced by the government in June 2012. The previous government had made significant progress by reforming surrogacy laws in 2010. However, that progress is at risk of being reversed. The proposed changes to the law would make it a criminal offence to enter into an altruistic surrogacy arrangement for certain individuals or couples. If enacted, the offence would only apply in altruistic surrogacy cases where the intended parent or parents are either single, in a same-sex relationship, or are in a heterosexual relationship of less than two years. Moreover, if enacted, the offence would apply extra-territorially. The authors argue that these changes represent a retrograde step for the law and urge the government to reconsider. This is based on the fact that they are out of step with current social attitudes, are contrary to the spirit of anti-discrimination laws, and that they are unjustified in terms of child welfare concerns.

Keywords: Surrogacy, Queensland, discrimination, same-sex couples surrogacy, access to surrogacy, altruistic surrogacy, restrictions on surrogacy

Suggested Citation

Smith, Malcolm and Willmott, Lindy and Trowse, Pip and White, Ben, Back to the Future: Prohibiting Surrogacy for Singles, Same-Sex and Shorter-Term Heterosexual Couples in Queensland (2013). Journal of Law and Medicine, 20(3), pp. 638-654, 2013. Available at SSRN: https://ssrn.com/abstract=2806815

Malcolm Smith

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Lindy Willmott

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/willmott/

Pip Trowse

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

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