Family: Surrogacy & birth technologies

Question 1

• Status of Children Act 1996 (NSW) gave

Answer 1

IVF children same legal status as those naturally conceived, the social father is the legal father.

Question 2

• B v J (1996)

Answer 2

created presumption of paternity where father isn’t donor, but the male in relationship with mother.

Question 3

case that created presumption of paternity where father isn’t donor, but the male in relationship with mother.

Answer 3

B v J (1996)

Question 4

• Re Mark (2003):

Answer 4

Similar to above, a homosexual male couple was granted parental
responsibility based on the best interests of the child.

Question 5

CASESimilar to above, a homosexual male couple was granted parental
responsibility based on the best interests of the child

Answer 5

Re Mark (2003):

Question 6

• Assisted Reproductive Technologies Act 2007 (NSW)

Answer 6

birth tech & genetic manipulation now ethically monitored.

Question 7

birth tech & genetic manipulation now ethically monitored. under what act

Answer 7

Assisted Reproductive Technologies Act 2007 (NSW)

Question 8

• Miscellaneous Acts Amendment (Same-Sex Relationships) Act changed

Answer 8

Status of Children Act so female same-sex partners that conceive child through IVF gain = status as co-mothers.

Question 9

• Family Law Act 1975 (Cth) even if recognised under state law, a non-birth

Answer 9

co-mother isn’t recognised as child’s legal parent. But parenting orders can be given to any person concerned with care of child.

Question 10

• UN CROC 1989 gives right to be

Answer 10

registered & to know parents

Question 11

• National Health & Medical Research Council gives guidelines,

Answer 11

supervises some aspects of this tech. Effective in responding to issues.

Question 12

• Final Report: Legislation on Altruistic Surgery in NSW (2009): A report encouraging

Answer 12

legislation which clarified the existing surrogacy legislation, lead to the Surrogacy Act

Question 13

Final Report: Legislation on

Answer 13

Altruistic Surgery in NSW (2009

Question 14

• Surrogacy Act 2010 (NSW)

Answer 14

+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.

Question 15

• A prominent group lobbying against the legalisation of altruistic surrogacy

Answer 15

Australian Christian Lobby:

Question 16

• 2012 UNSW Report: ‘Assisted Reproductive Tech in Aust & NZ’ how many birth techs were initiated

Answer 16

70 000

Question 17

What report revealed that 70 000 birth techs intitiated in Aust and NZ?

Answer 17

2012 UNSW Report: ‘Assisted Reproductive Tech in Aust & NZ’

Question 18

2015 ABC about NHMRC and gender

Answer 18

NHMRC considers allowing IVF clinics to let couples choose gender of baby’

Question 19

“Women MPs fear Zoe’s Bill

Answer 19

will criminalise abortion.” (SMH 2013)

Question 20

• “Surrogacy’s painful path

Answer 20

to parenthood.” (SMH 2013

Question 21

 What has technology and changing values and ethics resulted in

Answer 21

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.