Arbon Legal Group
Family law

Surrogacy Lawyers

Contact us at Arbon Legal Group to discuss your particular situation with one of our experienced Family Lawyers.
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Surrogacy Lawyers

Surrogacy – a growing area of law that is complex. If you need surrogacy advice, at Arbon Legal Group we can help!
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Surrogacy Lawyers

Surrogacy is a developing practice whereby one party agrees to give birth to a child for another party. Do you have a written agreement? What are the risks? Please call to arrange an initial consult.

Surrogacy is when a woman (the birth mother) agrees to become pregnant with a child for another person or couple (the intended parents). Once the baby is born, the birth mother gives the baby to the intended parents.

In Queensland, any person, regardless of their relationship status, can enter into a non-commercial surrogacy arrangement.

A surrogacy is not enforceable until a Parentage Order is granted. The court may refuse to make the order in circumstances where:

  • one party pays, rewards or compensates the other;
  • a party advertises for a surrogacy arrangement; or
  • a person receives a fee for arranging the surrogacy.

The Birth Mother has the right to make decisions regarding her pregnancy as any other pregnant woman and is considered the legal parent of the child until a Parentage Order is issued.

Both parties must seek independent legal advice and stipulate their agreement in writing including terms as to:

  • the birth process, including medication, costs, hospital etc.
  • the child’s care after being born

The baby must live with the Intended Parents for 28 days and be between 28 days and 6 months old when the application is made to the Court for a Parentage Order.

If you are considering entering an altruistic surrogacy arrangement, please call our office for independent legal advice on your rights, obligations and risks. We can solidify your agreement in writing to limit any misunderstandings, conflicts and/or disputes that arise throughout the pregnancy, including a conflict resolution plan.

For over 20 years, Arbon Legal Group have been providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance, please contact us today for a 15-minute, no obligation advice over the phone on 07 5240 3133 or email admin@arbonlegal.com.au.

Answers

Frequently asked questions

A divorce is a Court Order that severs your marriage.

You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.

  1. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).
  2. There must be no reasonable likelihood of resuming married life.

It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Once a divorce has been obtained, you have 12 months to finalise a property settlement.

There is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.

You can only dispute the divorce where:

  1. it has been less than 12 months since separation; or
  2. it is filed in the wrong state or Courthouse.

You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

 YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

A divorce order takes effect one month and one day after the divorce is granted.

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Arbon Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Arbon Legal Group on 07 5562 0444 or email admin@arbonlegal.com.au.

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