12
Research Project Outcome “How would an Australian national surrogacy act benefit intended parents, surrogates and children?” Surrogacy legislation in Australia has remained virtually unchanged since the first legal case occurred in 1996, 1 after which all Australian States and Territories, except the Northern Territory 2 3 4 legalised unenforceable altruistic surrogacy, with varying laws for each particular state. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 However, the issue of surrogacy as a prominent modern day ethical issue has continued to arise. 19 Decreasing adoption rates, increased infertility and the fundamental biological desire for children are all factors which have caused interest in 1 Healey, J 2004, IVF and Surrogacy , The Spinney Press, Thirroul, New South Wales. pg. 32 2 Boers, P 2014, Are you my parent? The labyrinth that is the laws of surrogacy, Pdf, accessed 18 March 2015, <http://boersassociates.com.au/wp-content/uploads/Are-You-My-Parent-The- Labyrinth-That-Is-The-Laws-Of-Surrogacy1.pdf>. 3 Fitzroy Legal Service 2014, Chapter 38: Surrogacy, Melbourne, accessed 2 February 2015, <http://www.lawhandbook.org.au/fact_sheets/ch38.php>. 4 Surrogacy – Basics Of Surrogacy In Australia 2015, BellyBelly.com, accessed 20 February 2015, <http://www.bellybelly.com.au/conception/surrogacy-basics-of- surrogacy-in-australia#.VHfyx9I0Wm4> 5 Assisted Reproductive Treatment Act 2008 (Victoria) 6 Bita, N 2014, Your right v their life: the surrogacy dilemma , The Australian, 9 August, accessed 2 December 2014, <http://www.theaustralian.com.au/news/features/your-right-v-their-life-the- surrogacy-dilemma/story-e6frg6z6-1227018397423 >. 7 Boers, loc. cit 8 Family Relationship Acts 1975 (South Australia) 9 Fitzroy Legal Service, loc. cit 10 Harvey, A 2014, Thriving overseas surrogacy market fuelled by messy Australian laws, parents say , ABC News , 11 August, accessed 1 December 2014, <http://www.abc.net.au/news/2014-08-06/claims-overseas-surrogacy-cases-fuelled-by- messy-australian-laws/5653436 >. 11 McLeod, Kirsty 2015, pers. comm., 23 March. 12 O’Leary, Kate 2015, pers. comm., 17 March. 13 Parentage Act 2004 (Australian Capital Territory) 14 Surrogacy Act 2008 (Western Australia) 15 Surrogacy Act 2010 (New South Wales) 16 Surrogacy Act 2012 (Tasmania) 17 Surrogacy- Basics of Surrogacy in Australia, loc. cit 18 Tieu, M 2007, Oh Baby Baby: The Problem of Surrogacy, Pdf, accessed 4 February 2015, <http://www.bioethics.org.au/Resources/Online%20Articles/Opinion%20Pieces/1901%20Oh %20Baby%20Baby%20The%20Problem%20with%20Surrogacy%20MT.pdf>. 19 The centre for bioethics and culture network 2014, Surrogacy: A 21st Century Human Rights Challenge, accessed 19 March 2015, <http://www.cbc-network.org/issues/making-life/surrogacy/>. Abi Amery 1 SACE Registration Number: 211890G

rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

Embed Size (px)

Citation preview

Page 1: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

Research Project Outcome“How would an Australian national surrogacy act benefit intended parents,

surrogates and children?”

Surrogacy legislation in Australia has remained virtually unchanged since the first le-gal case occurred in 1996,1 after which all Australian States and Territories, except the Northern Territory2 3 4 legalised unenforceable altruistic surrogacy, with varying laws for each particular state.5 6 7 8 9 10 11 12 13 14 15 16 17 18 However, the issue of surrogacy as a prominent modern day ethical issue has continued to arise.19 Decreasing adoption rates, increased infertility and the fundamental biological desire for children are all factors which have caused interest in surrogacy to increase exponentially over the decades.20 21 22 23 24 25 26 27 28 29 30

1 Healey, J 2004, IVF and Surrogacy, The Spinney Press, Thirroul, New South Wales. pg. 322 Boers, P 2014, Are you my parent? The labyrinth that is the laws of surrogacy, Pdf, accessed 18 March 2015, <http://boersassociates.com.au/wp-content/uploads/Are-You-My-Parent-The-Labyrinth-That-Is-The-Laws-Of-Surrogacy1.pdf>. 3 Fitzroy Legal Service 2014, Chapter 38: Surrogacy, Melbourne, accessed 2 February 2015, <http://www.lawhandbook.org.au/fact_sheets/ch38.php>. 4 Surrogacy – Basics Of Surrogacy In Australia 2015, BellyBelly.com, accessed 20 February 2015, <http://www.bellybelly.com.au/conception/surrogacy-basics-of-surrogacy-in-australia#.VH-fyx9I0Wm4>5 Assisted Reproductive Treatment Act 2008 (Victoria) 6 Bita, N 2014, ‘Your ‘right’ v their life: the surrogacy dilemma’, The Australian, 9 August, accessed 2 December 2014, <http://www.theaustralian.com.au/news/features/your-right-v-their-life-the-surro-gacy-dilemma/story-e6frg6z6-1227018397423>.7 Boers, loc. cit8 Family Relationship Acts 1975 (South Australia)9 Fitzroy Legal Service, loc. cit10 Harvey, A 2014, ‘Thriving overseas surrogacy market fuelled by messy Australian laws, parents say’, ABC News, 11 August, accessed 1 December 2014, <http://www.abc.net.au/news/2014-08-06/claims-overseas-surrogacy-cases-fuelled-by-messy-australian-laws/5653436>.11 McLeod, Kirsty 2015, pers. comm., 23 March. 12 O’Leary, Kate 2015, pers. comm., 17 March. 13 Parentage Act 2004 (Australian Capital Territory) 14 Surrogacy Act 2008 (Western Australia) 15 Surrogacy Act 2010 (New South Wales) 16 Surrogacy Act 2012 (Tasmania)17 Surrogacy- Basics of Surrogacy in Australia, loc. cit18 Tieu, M 2007, Oh Baby Baby: The Problem of Surrogacy, Pdf, accessed 4 February 2015, <http://www.bioethics.org.au/Resources/Online%20Articles/Opinion%20Pieces/1901%20Oh%20Baby%20Baby%20The%20Problem%20with%20Surrogacy%20MT.pdf>.19 The centre for bioethics and culture network 2014, Surrogacy: A 21st Century Human Rights Challenge, accessed 19 March 2015, <http://www.cbc-network.org/issues/making-life/surrogacy/>.20 Anonymous, Mark 2015, pers. comm., 3 March. 21 Bartal, Jodylee 2015, pers. comm., 11 March. 22 Bita, loc. cit. 23 Boers, loc. cit. 24 Davey, M 2014, ‘Commercial Overseas Surrogacy More Dangerous, Australian Study Finds’, The Guardian, 28 August, accessed 17 December 2014, <http://www.theguardian.com/lifeandstyle/2014/aug/28/commercial-overseas-surrogacy-more-dangerous-australian-study-finds>. 25 Healey, loc.cit. pg 3626 Lewin, T 2014, ‘Foreign Couples Heading to America for Surrogate Pregnancies’, The New York Times, 5 July, accessed 2 December 2014, <http://www.nytimes.com/2014/07/06/us/foreign-couples-heading-to-america-for-surrogate-pregnancies.html?_r=0>. 27 McLeod, loc. cit28 O’Leary, loc. cit29 Peter, L 2015, pers. comm., 21 March. Abi Amery 1SACE Registration Number: 211890G

Page 2: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

Surrogacy laws were once again brought into the headlines last year, when the media reported the disturbing case of Baby Gammy, a child born with Downs Syndrome as a result of a commercial surrogacy arrangement in Thailand. Gammy’s Australian par-ents abandoned him with his surrogate, taking his healthy twin sister with them back to Australia.31 32 33 Many Australians were outraged at how such a case could occur and as a result many of Australia’s surrogacy experts demanded that commercial surro-gacy be legalised in Australia. A main argument in support of this is that it will virtually stop the exploitation of women overseas34 35 36 37 38, as is currently happening in inhu-mane and unregulated conditions all over the world in countries including Ukraine, In-dia, Russia, Georgia, Nepal, Mexico and until recently, Thailand.39 40 41 42 43 44 Women in these countries are often forced into the arrangement by factors associated with poverty, as the payment provided to them is life changing.45 46 Giving these poor and often illiterate women a chance to pay off their debts obviously provides a better fu-ture for themselves and their children. However, many surrogates experience stigma-tisation from their community, and often their own family members, due to limited un-derstanding of reproductive technologies and reproduction in general.47 The surro-gates themselves are often unaware of the procedures which are undertaken within their own bodies or the risks associated with pregnancy, particularly as multiple births account for half of surrogate pregnancies undertaken overseas.48

The system of regulated commercial surrogacy in some States of America has been used by supporters of commercial surrogacy as a possible ‘template’ for a system in Australia. States such as Illinois,49 California, New Hampshire and Arkansas are all considered ‘surrogacy friendly states.’50 In these States systems such as counselling, psychological evaluations and support services are all compulsory. But even amongst this seemingly liberal approach to surrogacy many States such as Michigan and New

30 ‘Thousands of infertile Australians paying for surrogacy in India and Thailand’ 2014, News.com, 3 April, accessed 4 December 2014, <http://www.news.com.au/lifestyle/parenting/thousands-of-infer-tile-australians-paying-for-surrogacy-in-india-and-thailand/story-fnet08xa-1226872653386>.31 Berkovic, N 2014, ‘Judicial chiefs call for lifting of domestic ban on commercial surrogacy’, The Australian, 21 August, accessed 2 December 2014, < http://www.theaustralian.com.au/business/le-gal-affairs/judicial-chiefs-call-for-lifting-of-domestic-ban-on-commercial-surrogacy/story-e6frg97x-1227031288720>.32 Bita, loc. cit.33 Cheung, H 2014, ‘Surrogate babies: Where can you have them, and is it legal?’ BBC. News, 6 Au-gust, accessed 28 November 2014, <http://www.bbc.com/news/world-28679020>. 34 Anonymous, loc.cit.35 Bartal, loc. cit. 36 McLeod, loc. cit. 37 O’Leary, loc. cit.38 Peter, loc. cit.39 Cheung, loc. cit40‘Thousands of infertile Australians paying for surrogacy in India and Thailand’, loc. cit41 Bita, loc. cit.42 Lewin, loc. cit.43 Millibank, J ‘Paying for birth: the case for (cautious) commercial surrogacy’ 2013, The Guardian, 2 September, accessed 4 December 2014, <http://www.theguardian.com/commentisfree/2013/sep/02/australia-commercial-surrogacy>.44 Davey, loc. cit.45McCredie, J 2014, ‘Jane McCredie: Surrogacy costs’, Medical Journal of Australia, 19 May, accessed 21 February 2015, <https://www.mja.com.au/insight/2014/17/jane-mccredie-surrogacy-costs>.46 Thousands of infertile Australians paying for surrogacy in India and Thailand’, loc. cit47 McCredie, loc. cit.48 Davey, loc. cit.49 Gestational Surrogacy Act 2005 (Illinois)50 Millbank, loc. cit.Abi Amery 2SACE Registration Number: 211890G

Page 3: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

York completely ban all forms of it.51 The fundamental question which arises from sur-rogacy is how jurisdictions within the same country, under the same federal govern-ment, can take such vastly different approaches to a single issue? A similar question arising from surrogacy is why some countries such as France, Germany, Italy and Spain completely ban the practice, while others such as Ireland, New Zealand, Aus-tralia and the United Kingdom allow for it altruistically, while others allow for it to oc-cur commercially?

It is argued that regulated commercial surrogacy should be legalised in Australia.52 53 54

55 56 57 58 To protect the fundamental rights and to benefit intended parents, surrogates and children. Therefore a system of regulated commercial surrogacy should be le-galised in Australia. A commercial system of surrogacy is particularly important for the surrogate, as pregnancy is not without risks of death, as the maternal death rate in Australia is 6.8 deaths per 100,000 women.59 Surrogacy laws in Australia should also be unified into a single national act, abolishing the current and confusing State laws.60

61 62 63 64 65 66 67 The proposed National Surrogacy Act, (see attached) is a draft act to reg-ulate a commercial system of surrogacy in Australia. The act does not discriminate against single people of either gender or same sex couples, as some States currently do.68 69 70 This is because anyone deserves to become a parent if they are capable of providing a child with a stable home and unlimited love. The act includes systems such as initial criteria,background checks, home interviews, legal advice, counselling and support services to maintain an ethical system.71 72 73 74 75 76 The current model for the Queensland Surrogacy Act77 has been used for the basis of this suggested legisla-tion.

51 Surrogacy Laws By State 2013, All About Surrogacy.com, accessed 4 May 2015, <http://www.al-laboutsurrogacy.com/surrogacylaws.htm>.52 Anonymous, loc. cit. 53 Berkovic, loc. cit.54 Bita, loc. cit.55 Boers, loc. cit.56 Davey, loc. cit.57 Millbank, loc. cit.58 Peter, loc. cit.59 Australian Institute of Health and Welfare 2014, Maternal Death Rate Remains Low for Australian Women—But Some Groups at Greater Risk, Australian Government, Canberra, accessed 7 May 2015, <http://www.aihw.gov.au/media-release-detail/?id=60129548457>.60 Anonymous, loc.cit.61 Bita, loc. cit.62 Boers, loc. cit.63 Davey, loc. cit.64 McLeod, loc. cit.65 Millbank, loc. cit.66 O’Leary, loc. cit.67 Peter, loc. cit.68 Family Relationship Acts 1975 (South Australia). 69 Parentage Act 2004 (Australian Capital Territory) 70 Surrogacy Act 2008 (Western Australia) 71 Anonymous, loc.cit.72 Berkovic, loc. cit.73 McLeod, loc. cit. 74 Millbank, loc. cit.75 O’Leary, loc. cit.76 Peter, loc. cit.77 Surrogacy Act 2010 (Queensland) Abi Amery 3SACE Registration Number: 211890G

Page 4: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

Criteria has been incorporated into the proposed act to make sure that any surrogate or intended parent that enters into a surrogacy arrangement meets the minimum standards. For intended parents the criteria includes that there must be medical or so-cial need for the surrogacy arrangement, they must be between the ages of twenty five and fifty years, they must be an Australian citizen, they must have a valid Aus-tralian National Police Check and if there is only one intended parent, then they must provide the genetic material for the child. If there are two intended parents, then at least one of them must provide the genetic material for the child. A medical or social need for the surrogacy arrangement is important, as surrogacy should be treated as the last resort for an intended parent or parents to conceive a child. The minimum age ensures that the intended parent or parents are fully aware of their responsibility to take care of and raise a child. The maximum age also ensures that the intended par-ent or parents are young enough to competently raise a child and to ensure the likeli-hood that they will be present in the child’s life for as long as possible. An Australian National Police Check is necessary to establish that the intended parents are free of criminal history, particularly offences relating to children. It is important for any child born out of surrogacy arrangement to understand their biological parentage. For this reason it is compulsory that at least one of the intended parents provides the genetic material for the child, if there are two intended parents. If there is only one intended parent, then they must provide the genetic material. This is important for the psycho-logical wellbeing and development of the child, to assist them in avoiding experiences of genealogical bewilderment or confusion over their biological parentage, which if ig-nored could potentially lead to more serious mental heath issues.78 79 80 81 82 83 84 85

For women wishing to act as a surrogate the criteria includes that she must also be aged twenty five years or older, if she is in a relationship then her partner must give consent for the surrogacy arrangement, she must be an Australian citizen, she must have already given birth to at least one live child, she must be cur-rently caring for a child, she must have an adequate income in excess of $40,000 per year in a single work-ing household or $80,000 per year for a double income household and she must be approved as psychologi-cally and physically capable to act as a surrogate. It is important that the surrogate’s partner provides con-sent for the arrangement, so that he or she is able to provide emotional support for the surrogate during the pregnancy and after the birth. The surrogate must also be an Australian citizen so that regular contact may be made easier for the surrogate child, although the surrogate may live in a different State or Territory from the intended parent or parents. It is important for the surrogate’s physical and psychological wellbe-ing that she has already given birth to a live child. This is important as the surrogate must known that she is physically capable of carrying a pregnancy and giving birth to a healthy child. It is also essential for the sur-rogate’s psychological wellbeing that she has already carried a pregnancy and given birth to a child. To en-sure that she understands the emotional connections which are naturally established with the foetus dur-ing pregnancy and how to appropriately manage these connections during a surrogate pregnancy. The sur-rogate must also be a parent to at least one child, to assist her in avoiding the devolvement of a too deeper connection with the surrogate child. It is paramount that the surrogate has a reasonable income to ensure

78 Berkovic, loc. cit.79 Bita, loc. cit.80 Davey, loc. cit.81 Healey, loc.cit. pg 33 & 3482 Lewin, loc. cit.83 Peter, loc. cit.84 The centre for bioethics and culture network, loc. cit.85 Tieu, loc. cit. Abi Amery 4SACE Registration Number: 211890G

Page 5: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

that she is not motivated to act as a surrogate purely for the financial gain. Despite the fact that research concludes that women generally choose to become surrogate’s to help other people experience the joy of parenthood,86 87 88 89 90 91 92 93 94 95 some women may feel motivated by financial benefit in a commercial sys-tem. For this reason the compensation for the discomfort and risks associated with pregnancy for the sur-rogate is $10,000 per child. This figure has been chosen as it is reasonable compensation, without being too excessive for a woman earning a reasonable income. As well as this the compensation rate is per child, be-cause multiple births carry much higher risks for the surrogate’s health, then singleton births.

To benefit surrogates, intended parents and surrogate children, the Surrogacy and Gamete Donation Data-base is the proposed organisation to regulate surrogacy and gamete donation in Australia.96 97 98 99 The Data-base will regulate all systems of surrogacy and gamete donation, including advertising, counselling, legal ad-vice and pre and post birth support services. All women who have been approved to act as a surrogate, as well as those who wish to become gamete donors must register with the database. Unless the surrogate is already known to the intended parents for a period of five years or more before the arrangement. The Database will also regulate the use of anonymous gamete donors and store information relating to these people, so that donor children are able to access information about their biological parentage once they reach the age of eighteen.

Once an intended parent or parents have identified that they meet the initial criteria, then they must un-dergo a home interview and assessment, similar to the current system for adoption in Australia.100 101 102 103 104

105 During the interview a member of the Database will interview each intended parent separately and to-gether, discussing issues relating to parentage of a surrogate child. The intended parent or parents home will then be assessed by the member to determine whether it is suitable for a child. Once an intended par-ent or parents have been approved, then they may begin searching for a surrogate.

Legal advice and counselling will also be mandatory under the National Surrogacy Act. Legal advice must be given by a practicing lawyer, registered under the Surrogacy and Gamete Donation Database. Legal advice allows for each member of the surrogacy arrangement to fully understand their rights and obligations un-

86 Anonymous, loc.cit.87 Boers, loc. cit.88 Clark, R, Richard-Davis, G, Hayes, J, Murphy, M & Theall, K 2009, Planning Parenthood: Strategies for success in Fertility Assistance, Adoption and Surrogacy, The Johns Hopkins University Press, Bal-timore, Maryland. 89 Healey, loc.cit. pg 3490 Lewin, loc. cit.91 McLeod, loc. cit. 92 Millbank, loc. cit.93 Peter, loc. cit.94 Surrogacy – Basics Of Surrogacy In Australia, loc. cit95 University of Cambridge 2013, Family bonds: how does surrogacy impact on relationships?, ac-cessed 10 February 2015, <http://www.cam.ac.uk/research/news/family-bonds-how-does-surrogacy-impact-on-relationships>96 Bita, loc. cit.97 Millbank, loc. cit.98 O’Leary, loc. cit.99 Peter, loc. cit.100Anonymous, loc.cit.101 Berkovic, loc. cit.102 McLeod, loc. cit. 103 Millbank, loc. cit.104 O’Leary, loc. cit.105 Peter, loc. cit.Abi Amery 5SACE Registration Number: 211890G

Page 6: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

der the surrogacy arrangement. Counselling is also important for everyone involved. It is important for each member of the surrogacy arrangement to be counselled together, as well as individually so that each indi-vidual is able to express their own feelings or concerns. If there is a female or two female intended parents, then counselling must occur between her or them and the surrogate. This is important to guarantee suc-cess for the surrogacy arrangement, as the closest bond between members must develop between the in-tended mother or mothers and the surrogate.106

If the act satisfies the requirements relating to the initial criteria, home interviews, counselling and legal ad-vice, then parentage may be granted to the intended parent or parents upon the birth of the surrogate child. This abolishes the current system in which intended parents and surrogates must attend a court hear-ing to transfer parentage from the surrogate to the intended parent or parents.107 108 109 110 111 112 113114 115 116 117

118 119 120 However the surrogate may decide to not relinquish the child after a period of no more than twenty eight days after the birth. It is important for the surrogate’s general wellbeing that she understands that she does not have to relinquish the child under law. If this occurs then the court will decide who should be granted parentage.

The proposed National Surrogacy Act is essential for the protection of intended parents, surrogates and surrogate children. The act could legalise regulated commercial surrogacy in Australia, ending the current system of State laws. Regulated commercial surrogacy will also put an end to reproductive tourism, whereby Australians resort to unethical arrangements overseas in a desperate attempt to become biologi-cal parents, thus protecting vulnerable women from reproductive exploitation. The proposed act will also benefit any child born from a surrogacy arrangement, as they will able to remain in contact with their sur-rogate, which is viewed by experts as a desirable thing.

Word Count: 1995

Anonymous, Mark 2015, pers. comm., 3 March.

106 O’Leary, loc. cit.107 Assisted Reproductive Treatment Act 2008 (Victoria)108 Boers, loc. cit109 Department of Immigration and Border Protection 2014, Fact Sheet 36a – International Surro-gacy Arrangements, Australian Government, Canberra, accessed 1 February 2015, <http://www.im-mi.gov.au/media/fact-sheets/36a_surrogacy.htm>. 110 Family Relationship Acts 1975 (South Australia)111 Fitzroy Legal Service, loc. cit112 Harvey, A 2014, ‘Thriving overseas surrogacy market fuelled by messy Australian laws, parents say’, ABC News, 11 August, accessed 1 December 2014, <http://www.abc.net.au/news/2014-08-06/claims-overseas-surrogacy-cases-fuelled-by-messy-australian-laws/5653436>.113 McLeod, loc. cit114 O’Leary, loc. cit115 Parentage Act 2004 (Australian Capital Territory) 116 Surrogacy Act 2008 (Western Australia) 117 Surrogacy Act 2010 (New South Wales) 118 Surrogacy Act 2010 (Queensland) 119 Surrogacy Act 2012 (Tasmania) 120 Surrogacy – Basics Of Surrogacy In Australia, loc. cit. Abi Amery 6SACE Registration Number: 211890G

Page 7: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

Bibliography

Assisted Reproductive Treatment Act 2008 (Victoria)

Australian Institute of Health and Welfare 2014, Maternal Death Rate Remains Low for Australian Women—But Some Groups at Greater Risk, Australian Government, Canberra, accessed 7 May 2015, <http://www.aihw.gov.au/media-release-detail/?id=60129548457>.

Bartal, Jodylee 2015, pers. comm., 11 March.

Berkovic, N 2014, ‘Judicial chiefs call for lifting of domestic ban on commercial surro-gacy’, The Australian, 21 August, accessed 2 December 2014, < http://www.theaustralian.-com.au/business/legal-affairs/judicial-chiefs-call-for-lifting-of-domestic-ban-on-commercial-surrogacy/story-e6frg97x-1227031288720>.

Bita, N 2014, ‘Your ‘right’ v their life: the surrogacy dilemma’, The Australian, 9 August, ac-cessed 2 December 2014, <http://www.theaustralian.com.au/news/features/your-right-v-their-life-the-surrogacy-dilemma/story-e6frg6z6-1227018397423>.

Boers, P 2014, Are you my parent? The labyrinth that is the laws of surrogacy, Pdf, ac-cessed 18 March 2015, <http://boersassociates.com.au/wp-content/uploads/Are-You-My-Parent-The-Labyrinth-That-Is-The-Laws-Of-Surrogacy1.pdf>.

Cheung, H 2014, ‘Surrogate babies: Where can you have them, and is it legal?’ BBC. News, 6 August, accessed 28 November 2014, <http://www.bbc.com/news/world-28679020>.

Children’s Act 2005 (South Africa)

Clark, R, Richard-Davis, G, Hayes, J, Murphy, M & Theall, K 2009, Planning Parenthood: Strategies for success in Fertility Assistance, Adoption and Surrogacy, The Johns Hopkins University Press, Baltimore, Maryland.

Davey, M 2014, ‘Commercial Overseas Surrogacy More Dangerous, Australian Study Finds’, The Guardian, 28 August, accessed 17 December 2014, <http://www.theguardian.-com/lifeandstyle/2014/aug/28/commercial-overseas-surrogacy-more-dangerous-australian-study-finds>.

Department of Immigration and Border Protection 2014, Fact Sheet 36a – International Surrogacy Arrangements, Australian Government, Canberra, accessed 1 February 2015, <http://www.immi.gov.au/media/fact-sheets/36a_surrogacy.htm>.

Family Relationship Acts 1975 (South Australia).

Fitzroy Legal Service 2014, Chapter 38: Surrogacy, Melbourne, accessed 2 February 2015, <http://www.lawhandbook.org.au/fact_sheets/ch38.php>.

Gestational Surrogacy Act 2005 (Illinois)

Harvey, A 2014, ‘Thriving overseas surrogacy market fuelled by messy Australian laws, parents say’, ABC News, 11 August, accessed 1 December 2014, <http://www.abc.net.au/news/2014-08-06/claims-overseas-surrogacy-cases-fuelled-by-messy-australian-laws/5653436>.

Healey, J 2004, IVF and Surrogacy, The Spinney Press, Thirroul, New South Wales.

Abi Amery 7SACE Registration Number: 211890G

Page 8: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

Lewin, T 2014, ‘Foreign Couples Heading to America for Surrogate Pregnancies’, The New York Times, 5 July, accessed 2 December 2014, <http://www.nytimes.com/2014/07/06/us/foreign-couples-heading-to-america-for-surrogate-pregnancies.html?_r=0>. Surrogate mothers fight against moves to ban surrogacy. 2012, PM with Mark Colvin, radio program transcript, ABC News, 27 June, accessed 1 December 2014, <http://www.abc.net.au/pm/content/2012/s3534287.htm>.

McCredie, J 2014, ‘Jane McCredie: Surrogacy costs’, Medical Journal of Australia, 19 May, accessed 21 February 2015, <https://www.mja.com.au/insight/2014/17/jane-mccredie-sur-rogacy-costs>.

McLeod, Kirsty 2015, pers. comm., 23 March.

Millibank, J ‘Paying for birth: the case for (cautious) commercial surrogacy’ 2013, The Guardian, 2 September, accessed 4 December 2014, <http://www.theguardian.com/com-mentisfree/2013/sep/02/australia-commercial-surrogacy>.

O’Leary, Kate 2015, pers. comm., 17 March.

Parentage Act 2004 (Australian Capital Territory)

Peter, Liz 2015, pers.comm., 21 March

Surrogacy Act 2008 (Western Australia)

Surrogacy Act 2010 (New South Wales)

Surrogacy Act 2010 (Queensland)

Surrogacy Act 2012 (Tasmania)

Surrogacy – Basics Of Surrogacy In Australia 2015, BellyBelly.com, accessed 20 February 2015, <http://www.bellybelly.com.au/conception/surrogacy-basics-of-surrogacy-in-aus-tralia#.VHfyx9I0Wm4>.

Surrogacy Laws By State 2013, All About Surrogacy.com, accessed 4 May 2015, <http://www.allaboutsurrogacy.com/surrogacylaws.htm>.

The centre for bioethics and culture network 2014, Surrogacy: A 21st Century Human Rights Challenge, ,, accessed 19 March 2015, <http://www.cbc-network.org/issues/making-life/surrogacy/>.

Thousands of infertile Australians paying for surrogacy in India and Thailand’ 2014, News.-com, 3 April, accessed 4 December 2014, <http://www.news.com.au/lifestyle/parenting/thousands-of-infertile-australians-paying-for-surrogacy-in-india-and-thailand/story-fnet08xa-1226872653386>.

Tieu, M 2007, Oh Baby Baby: The Problem of Surrogacy, Pdf, accessed 4 February 2015, <http://www.bioethics.org.au/Resources/Online%20Articles/Opinion%20Pieces/1901%20Oh%20Baby%20Baby%20The%20Problem%20with%20Surrogacy%20MT.pdf>.

University of Cambridge 2013, Family bonds: how does surrogacy impact on relation-ships?, accessed 10 February 2015, <http://www.cam.ac.uk/research/news/family-bonds-how-does-surrogacy-impact-on-relationships>

Abi Amery 8SACE Registration Number: 211890G

Page 9: rpatfaith.weebly.com · Web viewSACE Registration Number: 211890G Research Project Outcome “ How would an Australian national surrogacy act benefit intended parents, surrogates

Abi Amery 9SACE Registration Number: 211890G