Tuesday, June 26, 2012

Surrogacy and family formation examined

An announcement last week from Attorney-General Nicola Roxon:

Attorney-General Nicola Roxon today charged the Family Law Council with examining how issues of surrogacy and family formation are dealt with by the Family Law Act 1975.

“Surrogacy within Family Law is a complex and emerging issue that needs careful consideration as an increasing number of Australian families are being formed using artificial reproductive technology.

“Our laws need to be responsive to new family situations as well as provide adequate protections for children involved.”

This came a day after a column by Gary Johns that, although supportive in-principle of marriage equality, articulated concerns of a potential “minefield for children”:

Placing to one side the ideal — natural conception within wedlock — homosexual marriage may work for children.

Heterosexual as well as homosexual marriage where IVF or surrogacy is used, however, carries the potential for donor claims during the marriage, or at its dissolution.

This may be one to watch but don’t hold your breath — the Council has until December 2013 to report back to the A-G.

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