Family: Surrogacy & birth technologies Flashcards
• Status of Children Act 1996 (NSW) gave
IVF children same legal status as those naturally conceived, the social father is the legal father.
• B v J (1996)
created presumption of paternity where father isn’t donor, but the male in relationship with mother.
case that created presumption of paternity where father isn’t donor, but the male in relationship with mother.
B v J (1996)
• Re Mark (2003):
Similar to above, a homosexual male couple was granted parental
responsibility based on the best interests of the child.
CASESimilar to above, a homosexual male couple was granted parental
responsibility based on the best interests of the child
Re Mark (2003):
• Assisted Reproductive Technologies Act 2007 (NSW)
birth tech & genetic manipulation now ethically monitored.
birth tech & genetic manipulation now ethically monitored. under what act
Assisted Reproductive Technologies Act 2007 (NSW)
• Miscellaneous Acts Amendment (Same-Sex Relationships) Act changed
Status of Children Act so female same-sex partners that conceive child through IVF gain = status as co-mothers.
• Family Law Act 1975 (Cth) even if recognised under state law, a non-birth
co-mother isn’t recognised as child’s legal parent. But parenting orders can be given to any person concerned with care of child.
• UN CROC 1989 gives right to be
registered & to know parents
• National Health & Medical Research Council gives guidelines,
supervises some aspects of this tech. Effective in responding to issues.
• Final Report: Legislation on Altruistic Surgery in NSW (2009): A report encouraging
legislation which clarified the existing surrogacy legislation, lead to the Surrogacy Act
Final Report: Legislation on
Altruistic Surgery in NSW (2009
• Surrogacy Act 2010 (NSW)
+resource efficient, as parentage transferred directly to commissioning parents don’t have to go through formal adoption process after birth,
+ clarifies vague privions under Human Tissue & Adoption Act differentiating btw altruistic` & commercial surrogacy.
+/-Bans commercial surrogacy (2 yrs prison/$100 000 fine) to prevent exploitation overseas.
• A prominent group lobbying against the legalisation of altruistic surrogacy
Australian Christian Lobby:
• 2012 UNSW Report: ‘Assisted Reproductive Tech in Aust & NZ’ how many birth techs were initiated
70 000
What report revealed that 70 000 birth techs intitiated in Aust and NZ?
2012 UNSW Report: ‘Assisted Reproductive Tech in Aust & NZ’
2015 ABC about NHMRC and gender
NHMRC considers allowing IVF clinics to let couples choose gender of baby’
“Women MPs fear Zoe’s Bill
will criminalise abortion.” (SMH 2013)
• “Surrogacy’s painful path
to parenthood.” (SMH 2013
What has technology and changing values and ethics resulted in
the law having to balance the rights of different parties within the family in order to find a way that best regulates and protects the new type of family arrangement.
