Family: Surrogacy & birth technologies Flashcards Preview

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Flashcards in Family: Surrogacy & birth technologies Deck (21):
1

• Status of Children Act 1996 (NSW) gave

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

2

• B v J (1996)

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

3

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

B v J (1996)

4

• Re Mark (2003):

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

5

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

Re Mark (2003):

6

• Assisted Reproductive Technologies Act 2007 (NSW)

birth tech & genetic manipulation now ethically monitored.

7

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

Assisted Reproductive Technologies Act 2007 (NSW)

8

• 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.

9

• 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.

10

• UN CROC 1989 gives right to be

registered & to know parents

11

• National Health & Medical Research Council gives guidelines,

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

12

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

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

13

Final Report: Legislation on

Altruistic Surgery in NSW (2009

14

• 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.

15

• A prominent group lobbying against the legalisation of altruistic surrogacy

Australian Christian Lobby:

16

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

70 000

17

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

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

18

2015 ABC about NHMRC and gender

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

19

“Women MPs fear Zoe’s Bill

will criminalise abortion.” (SMH 2013)

20

• “Surrogacy’s painful path

to parenthood.” (SMH 2013

21

 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.

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