Does the law effectively respond to the needs of families in today’s society?
In your response you need to:
Demonstrate understanding of the legal concepts and processes relevant to your chosen article (KUL)
Communicate using language conventions to suit purpose and audience (KUL)
Apply legal concepts and processes to determine legal outcome (ILI)
Make and justify recommendations using evidence and legal reasoning (RL)
Relevant Legislations involving surrogacy:
The New South Wales Assisted Reproductive Technology Act 2007 permits all women, regardless of marital status, to access assisted conception procedures.
In South Australia, the Assisted Reproductive Treatment Act 1988 s 9(1)(c) only permits women to access assisted conception procedures if they “appear to be infertile". Consequently, single women and lesbian couples who are not medically infertile are excluded.
In Victoria,the Assisted Reproductive Treatment Act 2008 allows single women and lesbian couples to access assisted conception procedures.
In Western Australia, the Human Reproductive Technology Act 1991 allows all women, irrespective of sexuality or marital status, to access donor insemination; however, only women “who are unable to conceive a child due to medical reasons" may access IVF. In addition, if a woman wishes to be treated as part of a couple, then that couple must be heterosexual (s 23).
Legal issues present
1. Legal limitations on same sex couples involving surrogacy
Donor insemination - introducing semen from either a known or unknown donor into a woman's body by means other than sexual intercourse; and in vitro fertilisation (IVF) - taking a female ovum from a woman's body, fertilising it outside her body, and implanting it either in her own body or that of another woman (Young, Monahan, Sifris, & Carroll, 2013).
*Address relevant legal issues involving same sex surrogacy/KUL
Advances in assisted reproduction technology have meant that the law has had to reconsider definitions and presumptions about who a child’s parents are for legal purposes. The rights of lesbian parents are protected by law, however, it is very important that gay male couples or other couples whose child was born via surrogate take steps to legally formalise their…