Restitution Discussion Group Archives
| Sender: |
John Murphy |
| Date: |
Thu, 5 Sep 1996 23:12:05 -0700 |
| Re: |
Restitution of prepayments under illegal contract |
The
Queensland
Surrogate Parenthood Act 1988 provides that any surrogacy contract is
illegal and void. That's clear. The Act then goes on in s.4(2) to provide:-
(2) No action shall be maintained in a court of Queensland
-
(a) for the enforcement of a [surrogacy contract] ...; or (b) for the recovery of any money or other thing paid or given in connection
with a [surrogacy contract] ... I take it that s.4(2)(b) precludes any contractual or
restitutionary action to recover a payment made to the surrogate mother.
However, I am not sure that s.4(2)(a) prevents an extra-contractual
action by the mother for, say, a quantum meruit. I say that because, in
terms, it only forbids enforcement of the contract.
Can anyone advise or point me at an authority? I would
much appreciate any help.
Regards to all,
John Murphy
160 Hellawell Road
Sunnybank Hills Qld 4109
Australia
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