QLD Family Law - Sister Having a Baby for Me - Consent Orders?

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Britnne

Active Member
6 December 2015
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Hi, my sister and I planned that she would have a baby for me, then give the baby to my husband and I. Sissy has four children. I know a cannot adopt my niece/nephew as it is illegal in QLD, so what can I do so that Hubby and I have rights legally? Is it correct in saying that we can do consent orders under family law?

If my sister and/ or husband change their mind in three years time (for example), as they are the biological parents, can they do this to us? Take the child from us?? A friend of a friend has advised me that once the child turns three, you can adopt the child.

Regards
 

Tim W

Lawyer
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28 April 2014
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This is called making a surrogacy arrangement.
Doing this is a very big deal indeed, and is NOT something you should try to DIY.
Especially not based on what a few people tell you on the internet.

I cannot stress enough the importance of understanding what you are doing.
 

Britnne

Active Member
6 December 2015
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31
Thanks, Tim W. Legal Aid were the ones that recommended consent orders on two different occasions. My sister also called and they recommended the same thing. They advised it wouldn't need to be a Partnering order because we are both consenting to this.

What process do you recommend? Do I just search for a surrogacy lawyer in family law?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
That question is beyond what I know about how the law on this topic operates in Queensland, sorry.
Hopefully one of the Queensland lawyers will be able to shed some light.