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Three-year jail threat for gay surrogacy

By on June 28, 2012

Surrogate mothers, parents and lawyers have joined forces with LGBT community advocates to help fight planned changes to Queensland’s Surrogacy Act which would criminalise gay surrogacy arrangements.

An emergency community meeting was held in Brisbane last night to help kick-off a campaign to stop the changes, with not-for-profit association Surrogacy Australia alarmed by the Queensland government’s proposed amendments to the Surrogacy Act to exclude same-sex couples, singles and heterosexual de facto couples of less than two years.

The proposed changes will criminalise, by up to three years jail, any same-sex couples or singles who seek to be parents through an altruistic (non-commercial) surrogacy arrangement. The proposed legislation also intends to block access to recognition as parents on birth certificates for lesbian co-parents.

Queensland psychologist and LGBT community advocate Paul Martin said the new changes were unworkable and discriminatory meddling by the government in means of family formation.

“Taking away existing rights to a stigmatised minority will lead to increased levels of psychological stress for adults and their children,” he said.

“25 percent of same sex couples are currently raising children and their families need protection from further stigmatisation.”

Premier Campbell Newman claimed before the election that surrogacy laws would not be tampered with. However, Attorney General Jarrod Bleijie (pictured) said shortly after the announcement of reforms last week that Newman hadn’t been properly briefed on the plans.

“Over the whole 12-month period of the campaign I never at any stage had had any advice on the matter because it had been dealt with back in 2010,” Newman said yesterday.

“Frankly, the mistake was not understanding what my MPs had been discussing.”

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15 Comments

  1. Meagan

    June 28, 2012 at 4:04 pm


    OMG – what next by the Qld government? Re-criminalisation of homosexuality? Taking away the right of women to vote? Re-introduction of the White Australia policy? They are in danger of making Australia look backwards and out of touch…

  2. Apparently not someone that deserves equal rights as you

    June 28, 2012 at 4:08 pm


    Cool… so more rights taken away and now we can get jailed for wanting to be parents. Yay, go Queensland, such a paradise to live in…not.

  3. Mark Adamson

    June 28, 2012 at 4:16 pm


    What on earth is going on in Queensland? This is a disgrace to the country. And the Queensland government should be ashamed of themselves. Oh well, at least they can be sure not to get in at the next election. they will be digging a very deep grave.
    These laws are discrimination to the core.

  4. Michael Jones

    June 28, 2012 at 4:25 pm


    It comes to something when the people making the policies do not even know what the bloody policies contain or affect.

    If I was in QLD I would be absolutely horrified.

  5. Robert Falconer

    June 28, 2012 at 4:47 pm


    Despicable!

  6. David

    June 28, 2012 at 6:08 pm


    Talk about an abuse of power. Rot in hell QLD LNP!

  7. Bec

    June 28, 2012 at 6:41 pm


    Well, it’s official. Queensland is a hole.

    Best you rename the state to “Bogansland” and your number plate slogan to “The (Not So) Smart State”.

    Better still, renounce yourself as a state of Australia.

  8. Gavin

    June 28, 2012 at 9:21 pm


    There are no words to describe how unbelievable this is.

  9. Mitchell

    June 28, 2012 at 10:15 pm


    Im so ashamed at my home state, and can’t actually believe this is happening. I get the feeling I’m worth nothing to my state solely because of my sexuality. How can they criminalize a woman governing their own uterus? How is this idea even entertained in someone’s mind during the 21st century?

  10. Daniel

    June 28, 2012 at 10:21 pm


    Its apparent why queenslanders dropped “the smart state” tag. At least it still has the sunshine. Ummmm, does it???

  11. flic

    June 29, 2012 at 8:18 am


    This is terrifying! What about families who have already gone through surrogacy? Criminalising something for one group of people which is legal for another based on arbitrary distinctions is NOT something the QLD or Australian Governments should be allowing, much less encouraging!

  12. Annette

    June 29, 2012 at 2:11 pm


    This is absolutely horrifying. I cannot believe what is happening. Criminalising altruistic surrogacy – which has to be one of the most ethical, compassionate things one woman can do for another couple – is a disgrace, as is the very idea of taking the name of a co-parent off a birth certificate. It is time to talk to LNP politicians who share our views and get action from within the party.

  13. JohnLindsay

    June 29, 2012 at 2:22 pm


    Do women’s bodies belong to them or to the state? They can sell their bodies as a sex worker, they can abort the person in their womb but to do the greater good and create a person in either your womb or in a friend’s womb is now a crime.
    What logic and morality prevails in Queensland? I have just ruled Queensland of my holiday list!!

  14. Cath

    June 30, 2012 at 2:04 pm


    Quote from the article: “The proposed legislation also intends to block access to recognition as parents on birth certificates for lesbian co-parents.”
    Is anybody able to please direct me to some confirmation of this.

  15. EVERYONE SIGN THE PARLIAMENTARY PETITION

    July 13, 2012 at 12:47 pm


    Please get EVERYONE to sign this Parliamentary petition to save Surrogacy http://www.parliament.qld.gov.au/work-of-assembly/petitions/e-petition?PetNum=1919

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