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Under reforms in Australia, legal parentage of a child born in surrogacy agreements will transfer from the birth mother to the parent or parents who commissioned the birth. This extends to same-sex couples.
An opposition bill that would see surrogacy continue to be illegal for same-sex couples was debated but it failed to pass.
The Australian State Parliament made the decision after a lot of debate.
Premier Anna Bligh [pictured] has defended her Government's new surrogacy laws - saying same-sex couples and singles are already becoming parents through artificial insemination.
Ms. Bligh told Parliament it would be wrong to ban them from having a child through surrogacy.
"The time for putting our heads in the sand on this issue is over," she said.