Family Law - Contemporary issue: Surrogacy and Birth Technologies Flashcards
Who is the mother of a child?
The person who gave birth to the child
Who is the father of a child?
The person who acknowledges/accepts responsibility for the child(proven by the court)
Birth technology have created…..
issues relating to paternity and right of inheritance, control and care of child.
What does the Status of Children Act 1996 state?
It states that children conceived by methods such as IVF or genetic manipulation all have the same legal status as other children.
What is surrogacy?
An agreement between a commissioning couple and a woman who bears a child for them.
What does the Surrogacy Act 2010 state?
It states that parentage of a child can be transferred from the birth parents to the perspective parents.
What issues does surrogacy raise?
It raises social, emotional and parental issues including recognition of parents.
What is the difference between commercial surrogacy and altruistic surrogacy.
Commercial surrogacy is when a fee is payed to birth a child and altruistic surrogacy is where there is no financial gain.
Surrogacy is outlined under state-based legislation however?
There are inconsistencies between states on legalities.
what does the surrogacy act 2010 regulate?
It regulates surrogacy arrangement. It introduced a system that allowed for applications to the supreme court to become legal parents when surrogacy is concerned.
What legislation originally saw that birth parents were considered the legal parents?
Status of Children Act 1996
Why do organization/lobby groups oppose surrogacy?
These non-legal responses oppose surrogacy due to their religious beliefs and their concept of traditional families
Global surrogacy has become a billion-dollar industry due to …..
high demands with the aid of media attention highlighting this issue.
Laws have been slow to adapt and growth of inconsistencies between state and territories legislation has been more prevalent. Why?
Because previous legal schemes haven’t been adequate enough to deal with the concept of surrogacy however with the new framework introduced the oversimplification of surrogacy has caused confusion.
International surrogacy is becoming a growing issue why?
Its becoming a growing issue in the developing world as it is easier to secure surrogacy due to poor regulation within such areas.
