North Queensland Surrogacy battle highlights need for changes to legislation

There are calls for a national and consistent legislative framework for surrogacy agreements after a newborn baby, born out of a surrogacy arrangement gone awry, became the centre of a legal tug of war.  A dispute arose between the surrogate mother and the biological parents in relation to payment of expenses and actions of the surrogate mother during the pregnancy which was not resolved until several days after the baby’s birth.

This case stands as a reminder to all intended parties of a surrogacy agreement to obtain proper legal advice and give due consideration to the complexities of an arrangement prior to entering into an agreement.

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