Tasmania moves on surrogacy

Tasmania moves on surrogacy

Tasmania looks set to change its surrogacy laws, with the Bartlett Government introducing legislation that would allow altruistic surrogacy for heterosexual and same-sex couples.

The Apple Isle is one of the last states in Australia where it is illegal for a couple to enter into an arrangement for a surrogate birth.

Tasmanian Gay and Lesbian Rights Group spokesman Rodney Croome said the move to legally recognise altruistic surrogacy arrangements for heterosexual and same-sex couples was an important step forward.

“A woman who chooses to give the gift of parenthood to a gay friend or relative should have that choice legally recognised and respected,” Croome said.

“It is in the best interests of all children born through altruistic surrogacy, including those raised by same-sex couples, to have the legal security and protection that the Government’s proposed legislation will allow.”

Current Tasmanian surrogacy laws have been described as murky, but it is illegal to draw up surrogacy arrangements, advertise for a surrogate, or access assisted reproductive technology for the purpose of surrogacy.

The changes follow a recent state parliamentary inquiry. The new law would bring Tasmania in line with other Australian states.

The surrogacy bill is set to be voted on next year and the Bartlett Government is accepting public submissions on the legislation until February 2011.

South Australia currently only allows altruistic surrogacy arrangements for heterosexual couples.

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2 responses to “Tasmania moves on surrogacy”

  1. Just a quick note re: point 3 in your post, Paul. The Assisted Reproductive Technology Act 2007 didn’t actually ban “all surrogacy” practices; it prohibited commercial surrogacy arrangements (ie a surrogacy arrangement where the surrogate mother was paid a fee or reward).

  2. Long overdue!!!

    Have a look at the Tasmanian Surrogacy Bill 2010 here:

    http://www.justice.tas.gov.au/legislationreview/reviews/surrogacy_bill_2010_consultation

    It is also interesting that the proposed Tasmania Surrogacy Bill 2010 will be the only place in Australia to allow a 21 year old woman to perform a surrogacy arrangement – all other states and one territory a woman must be at least 25 years old!!!

    Also let’s get some 6 straight facts here on the table:

    1. The Northern Territory has no laws at all when it comes to IVF or surrogacy.

    2. Queensland, the ACT and New South Wales ban people going overseas to enter into commercial (not altruistic) surrogacy arrangements.

    3. The New South Wales Surrogacy Act 2010 No 102 (still not in force – yet to be proclaimed) also has a “sibling clause” to allow legal contact between sisters and brothers when they are born. NSW never had any laws dealing with surrogacy just like the Northern Territory until 2007, when the Assisted Reproductive Technology Act 2007 No 69 passed and banned all surrogacy practices (under Part 4 sections 42-45). The new law in NSW (mentioned above) repeals Part 4 of the old laws:

    http://www.austlii.edu.au/au/legis/nsw/consol_act/arta2007367/s45.html

    4. The Victorian Assisted Reproductive Technology Act 2008 (eff. 1.1.2010) and the Queensland Surrogacy Act 2010 No 2 (eff. 1.6.2010) repealed old and outdated altruistic surrogacy bans.

    5. The Commonwealth Family Law Act 1975 also recognizes surrogacy arrangements within prescribed law (read under section 60HB):

    http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s60hb.html

    6. Western Australia also bans surrogacy arrangements for same sex couples and single people under their Surrogacy Act 2008 (read under section 19) – it is not just South Australia that has homophobic laws still on the books under their own Family Relationships Act 1975:

    http://www.austlii.edu.au/au/legis/wa/consol_act/sa2008139/s19.html

    http://www.austlii.edu.au/au/legis/sa/consol_act/fra1975233/s10ha.html