Year 10 Legal Studies: Surrogacy

The Baird government is pushing ahead with its reform of state surrogacy laws, rather than wait on the outcome of a national inquiry into surrogacy arrangements.

The Surrogacy Australia 2012 Conference needed 50 people to register in order to break even. They hoped for 100. In the end 250 people registered, including 70 couples from NSW. This surprised organisers because the conference was held in Melbourne. Such a gathering where doctors from overseas explain ethical surrogacy is illegal in NSW.

A WOLLONGONG solicitor is making her mark on the state's fledgling surrogacy legislation, after seeing more than 40 couples navigate the present "legal limbo".

Despite its challenges, surrogacy is becoming a readily available form of family formation for many who have endured considerable heartache and difficulty in conceiving naturally. Surrogacy has an important role to play within our modern society particularly bearing in mind the overwhelming tide-change in social attitudes, the importance of assisted reproduction, such as IVF, and the introduction of same sex marriage which was legalised back in 2014.

WATCH THIS: This week, Insight asks, who calls the shots in surrogacy arrangements? And what pitfalls and hurdles are people navigating? Australian current affairs forum, with lively debate and powerful first-person stories. Hosted by award-winning journalist Jenny Brockie.

New parents are trapped in Thailand as the government tries to push through laws to end the surrogacy industry in the wake of the baby Gammy scandal. In Australia it is illegal to pay someone to carry your baby, but in Thailand it is big business, approximately 200 Australian couples used Thai surrogates last year. 7 Sep 2014. Copied under Part VA, Copyright Act, 1968.

A surrogate mother has lost custody of her child after a court ruled he would be better placed with the gay couple who arranged for her to have the baby.

In the surrogacy world, one of the worst case scenarios for intended parents is that the surrogate will change her mind and try to keep the baby. Although statistically, it is actually more likely that the intended parents will change their mind, and try to abandon the baby.

Campaigners have called for urgent reform of “old-fashioned” laws that make surrogate mothers the legal parents of the children they deliver.

Surrogates are supporting a change in law that would mean a baby’s intended parents will have legal responsibility of the child as soon as it is born.

It is important to note that surrogacy raises many complex ethical, social and legal issues. Being aware of the many issues raised by surrogacy is most relevant when considering both what the law is, and whether or not it should change (i.e. what it should be).