QLD ok’s same-sex surrogacy
Queensland has become the last Australian state to decriminalise altruistic surrogacy.
The change of law was passed after a 17- hour debate and rare Labor Government conscience vote in the QLD parliament on Thursday night.
Under the reforms, which extend to same-sex couples, legal parentage of a child born in surrogacy agreements will transfer from the birth mother to the parent or parents who commissioned the birth.
An Opposition bill that would have kept surrogacy for same-sex couples was defeated in the same debate.
Labor MPs Michael Choi and Margaret Keech spoke against the bill, stating their belief children benefited most from having a man and woman as parents.
why bother having ages on sex and everything, noone ever follows them.
Hey everyone,
I’m doing an independant study for my legal studies class, and i’ve chosen o do altruistic surrogacy. My only problem is, as you all know, that the laws have just been reformed. Instead, I’ve decided to lean on the same-sex side of surrogacy.
This being said, I would value any information/opinions that anyone has to assist me in this.
Thanks a bunch :)
I have an idea:
How about we raise the age of consent for oral and vaginal sex from 16 to 18 – so that it is in-line with the anal sex law currently at 18?????
In 1995, the age of consent for anal sex was then 17. The opposition was then coming into power and then “those bastards” raised it up to 18 and doubled the penalties.
20 years ago in 1990 sex between men was legalised and at that time there was a proposal to have a true equal age of consent.
Ive lived in Brisbane and while its no Sydney or Melbourne its certainly growing up fast and no longer a big country town. Gone are the days in the late 1980’s where homosexuality did not seem to exist in QLD, there were virtually no gay bars, no gay clubs or support groups. Having a center-left state labor government in power for about the last twenty years has changed Queensland for the better, allthough there is still is strong stench of homophobia in rural QLD communities. And really the only discrimination in state law is the adoption law and the un-equal age of consent law.
The age of consent is EQUAL in Queensland read the anal sex law carefully please.
Section 208 of the Criminal Code says/quotes:
208 Unlawful sodomy
(1) A person who does, or attempts to do, any of the following commits a crime–
(a) sodomises a person under 18 years;
(b) permits a male person under 18 years to sodomise him or her;
(c) sodomises a person with an impairment of the mind;
(d) permits a person with an impairment of the mind to sodomise him or her.
Maximum penalty–14 years imprisonment.
(2) For an offence other than an attempt, the offender is liable to imprisonment for life if the offence is committed in respect of–
(a) a child under 12 years; or
(b) a child, or a person with an impairment of the mind, who is to the knowledge of the offender–
(i) his or her lineal descendant; or
(ii) under his or her guardianship or care.
(3) For an offence defined in subsection (1)(a) or (b) alleged to have been committed in respect of a child who is 12 years or more, it is a defence to prove that the accused person believed, on reasonable grounds, that the person in respect of whom the offence was committed was 18 years or more.
(4) It is a defence to a charge of an offence defined in subsection (1)(c) or (d) to prove–
(a) that the accused person believed on reasonable grounds that the person was not a person with an impairment of the mind; or
(b) that the act that was the offence did not, in the circumstances, constitute sexual exploitation of the person with an impairment of the mind.
http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s208.html
Both Canada (section 159 of their Criminal Code) and Queensland have an higher age of consent just for anal sex set at 18 – 16 for both vaginal and oral sex.
I FULLY SUPPORT and WELCOME this long overdue reform. The 9-page “Surrogate Parenthood Act 1988” should have been repealed 10 years ago.
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SurrogParentA88.pdf
The Surrogacy Bill 2009 (no amendments thank goodness) is not just about surrogacy – what the media are missing is the very important IVF parentage recognition for lesbian co-mothers to be recognised in the same way as 6 other states/territories and the Commonwealth Government#.
http://www.legislation.qld.gov.au/Bills/53PDF/2009/SurrogacyB09.pdf
1) I fully support altruistic surrogacy.
2) I fully support gestational surrogacy.
3) I fully support NO discrimination against any human being or groups in the surrogacy reforms.
> HOWEVER I do not support “commercial” surrogacy at all of its shapes and forms!!!!!!
#NOTE:
* South Australia is now in 2010 the “backward state” because:
a) In SA single women and lesbians are banned from safe IVF access and also do not recognise IVF parentage for co-mothers.
b) In SA single people and same sex couples are banned from surrogacy.
c) Even the Commonwealth Government and nearly all other states and territories now recognise same sex couples as parents – does that mean that SA laws are now inconsistent under the “Commonwealth of Australia Constitution Act” that quotes clearly under section 109 “When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.”?
Wow amazing, finally Qld.
Qld next adopt Equal Age of Consent! Same for boys & girls!
Same Sex Adoption, NSW & QLD.
State registers relationship registers that feed into Federal Civil Union, which allow for relationships to be recognised overseas, NSW & QLD.
Noticed Anna Bligh in Qld is moving ahead with donation reform prior to Federal take up, maybe Qld will be more progressive than NSW. NSW Labor is of course rotten to the core! However Qld is also addicted to selling off everything that isn’t bolted down.
Labor seem to use the cop-out of waiting for Federal Govt, before doing anything.
Not wishing to sound like a smart-arse, I nevertheless will. Previously in Queensland it was illegal for its residents to enter into surrogacy arrangements wherever they occured, either within or outside Queensland. How this was policed I don’t know. Maybe the Queensland police force has a turkey baster squad – I can just imagine executing a search warrant to search your pantry. Everywhre else in Australia Altruistic surrogacy was not illegal, just not enforceable, and same sex couples not excluded. The new laws in Queensland now allow altristic surrogacy and doesn’t exclude same sex couples.
The Queensland opposition are dickheads.
The QLD government stood up to all three members who make up and own profitable business The Australian Christian Lobby.
I have heard lie after lie from The Australian Christian Lobby even blamming us for the recent “Sorry Day” in Canberra. It was in fact the Evil by much of the Catholic Church and others that resulted in the “Sorry Day”.
Clearly a child needs love and not the sort of hate that comes out of the Australian Christian Lobby.
Well done the QLD Government for standing up to this sort of evangalical all knowing filth.