Surrogacy Act to be reviewed

Surrogacy Act to be reviewed

PUBLIC submissions are now being sought for a review of NSW’s Surrogacy Act 2010.

The review has been announced by NSW Attorney-General Greg Smith pursuant to Section 60 of the Act, which called for an examination three years after the bill’s date of assent. The Act commenced in March 2011 after it was passed following a conscience vote and for the first time made it legal for de facto and same-sex couples to apply for parentage orders.

Then-Premier Kristina Keneally, who supported the bill, said in October 2010 the Act was created because NSW lacked stand-alone surrogacy laws which meant that people who entered into surrogacy arrangements because they were unable to have children faced difficulty in gaining legal parentage of their children.

“This legislation is about making it easier for couples with children born through surrogacy arrangements to gain full recognition as parents so that they do not face obstacles when they seek to do the things we often take for granted, like enrol their child in school, obtain a passport, or make decisions about their child’s health,” she said at the time.

Under the Act, commercial surrogacy remains illegal although a surrogate mother may have all her costs paid by the intending parents.

The policy objectives of the Surrogacy Act 2010 are to protect the interests of children born as a result of surrogacy arrangements; provide legal certainty for parties to surrogacy arrangements, and prevent the commercialisation of human reproduction.

The Act’s guiding principle is “that, in relation to any surrogacy arrangement, the best interests of the child of the surrogacy arrangement are paramount”.

The closing date for public submissions is April 30.

INFO: Written submissions should be sent to: The Director, Justice Policy, Department of Attorney General and Justice, GPO Box 6, Sydney NSW 2001 or by email to [email protected]. The Act can be viewed here.

 

 

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2 responses to “Surrogacy Act to be reviewed”

  1. The legislation is gay parent panic. I mean seriously, parents are now criminals? Face it, this is designed to target most of our community. Commercial surrogacy could easily be regulated, as it is in the United States. Instead we have some psychological opposition. People have to move to Victoria because of one thing, gay parent panic -or risk jail. Sure you can adopt, it can take 7 years if you are lucky. As the LNP and Labor have a panic about children being adopted from overseas orphanages, often run by religious institutions. Yes folks, the same institutions that tell horror story after horror story at the Royal Commission. A new word for some politicians should be child abuser. They deny a loving home to children, and leave them to the care of some horrific churches. This legislation is cruel and mean. Given the year and time we live in, this legislation should be sent to a museum, to teach about the cruelty of government. Certainly not put up for renewal.

  2. When it comes to a Polly ejaculating into a sex worker, no law to stop that. The Polly is having a good time, so that could never be made illegal. But when it comes to a woman having a choice over her body, to have a baby for someone else, and get some money for the huge effort, then no no, they make that illegal. This legislation has always been about punishing parenthood and women. The idea you can be sent to jail for being a parent, is a disgrace to the government.

    What ever happened to liberty being a value of the Liberal Party? It has become a hypocritical Nanny State party. Like Labor, it preaches in legislation who you can marry, what a woman can do with her body, and punishes children by sending their parents to jail. Whatever happened to our community, when we let politicians invade a most prescious and personal decisions.

    It is extraordinary that a woman in Thailand, now has more rights then a woman in Australia. This legislation has stripped Australian women of a fundamental right to control thier own bodies. It is the stuff of Orson Wells nightmarish big brother government.

    Liberals who support this should hand in their resignation.