SURROGATE PARENTHOOD ACT 1988 Reprinted as in force on 9 November 1995 Reprint No. 1 > TABLE OF PROVISIONS Contents 1. Short title 2. Meaning of expressions 3. Surrogacy prohibited 4. Effect in Queensland of prescribed contracts Endnotes - LONG TITLE 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. 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-- (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. - NOTES Page Date to which amendments incorporated 6 Key 6 Table of reprints 7 List of legislation 7 Table of obsolete and redundant provisions 7 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. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 none 6 October 1988 9 November 1995 Omitted provision Provision making omitted provision obsolete/redundant penalty provision permitting fine or Penalties and Sentences Act 1992 s 180A imprisonment permits both >