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Copy of Legal Studies - Surrogacy and Birth Technologies

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Ros Murton

on 6 March 2013

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Transcript of Copy of Legal Studies - Surrogacy and Birth Technologies

Surrogacy and Birth Technologies Altruistic Commercial Surrogacy Act 2010 (NSW)

Assisted Reproductive Technology Act 2007 (NSW) In-Vitro Fertilisation Artificial Insemination Genetic Manipulation Fertilisation of gametes outside
of the body Medically implanting semen into a
woman's reproductive system These technologies allow for an infertile
couple to produce a child with
their own genes Since 1980 when the first child of IVF was born, the number of children born as a result of this technology has grown exponentially to 85 000 in 2010. People are given the opportunity to fulfill their right of having a child anyway they desire Surrogacy may be the only option for some couples Some surrogacy arrangements are
morally commendable Surrogacy can lead to exploitation
of people of lower socioeconomic status The surrogate mother may
become attached to the child and change her mind, or the commissioning parents may change their minds The child can be harmed as a result
of confusion of family relationships Gender selection Approval, from the community, for
infertile married couples using
IVF has risen from 75% to 86%
between 1982 and 2001. Approval for single women using donor sperm has increased from 18% to 38% from 1993 to 2000. Approval for lesbian women using donor sperm has increased from 7% to 31% between 1993 and 2000. "Woman sets new record with twins birth
Case set to spark ethic and moral debate
Birth set to be new record in Australia" By Yasmine Phillips
From: The Sunday Times
November 07, 2010 Woman Gives Birth to Twins at 57 "A 57-YEAR-OLD woman, believed to be the oldest mother to give
birth in Australia, has delivered IVF twins." "only six women aged 50 gave birth from 1980 to 2009." "Australian Medical Association president Andrew Pesce said "Certainly this case raises very significant issues,"" The legal parents are: The birth mother The social father Lesbian mothers can be co-mothers Any alteration of genetic material to make
them capable of producing new substances Sperm donors are presumed not to be the father of the child B v J (1996) Fam LR 186 Adoption orders can change the status of the legal parents in circumstances of surrogacy NSW lacks clear legislation
relating to surrogacy Law Reform Commissioning parents should be given more rights If the commissioning parents provide the sperm and/or ova for the surrogate mother then this fact should gain
some recognition in determining the legal parents of the child, rather than having just the presumption of maternity being the birth mother The allowance for contracts to to be made in cases of surrogacy A contract drawn up between the surrogate and commissioning parents,
before to the pregnancy, should be recognised in court, although the surrogate mother should have the power to
change her original decision anytime one month prior to the birth of the child. This would be appropriate as surrogate mothers are generally more well informed than other women upon the commencement of pregnancy allowing them to make a conscious decision. Human cloning Effective in defining who the legal parents of the child are Ineffective in recognising the commissioning parents rights to the child, especially if they are the biological parents Best interests of the child are of extreme importance and main consideration The mandatory gamete donor register was established under the Assisted Reproductive Technology Act 2007 (NSW)e Effective in allowing children to access information
regarding their biological parents Effective in protecting the privacy of both
the child and donor “Respect the right of the child to preserve his or her identity, including nationality, name and family relations”
- Article 8 of the United Nations Convention on the Rights of the Child. Ineffective in allowing the nation to fulfill its non-legal
international duty towards children The banning of some technologies here means that they are only available to wealthy people who are able to travel overseas to obtain them, and the lack of Medicare assistance disadvantages people of lower socioeconomic backgrounds in regards to access to birth technologies Surrogacy is the act of a woman giving birth to a baby on behalf of another person/people (commissioning parents) No agreement of payment is
made to the surrogate Agreement of payment is
made to the surrogate Assistive Reproductive Technology “is the application of laboratory or clinical technology to gametes and/or embryos… for the purpose of reproduction” [Australian Governments National Health and Medical Research Council] Prohibition of Human Cloning for Reproduction Act 2002 (Cth)
Research Involving Human Embryos for Reproduction Act 2002 (Cth) Ethnicity
Physical appearance
Medical history
Date of birth
Place of birth Available for all women Cloning
Post -menopausal pregnancy
Gender selection
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