From Alice and Evelyn to Isabella: Exploring the Narratives and Norms of ‘New’ Surrogacy in Australia

(2012) 21(1) Griffith Law Review 101-136

36 Pages Posted: 5 Jul 2012 Last revised: 6 Aug 2013

See all articles by Jenni Millbank

Jenni Millbank

University of Technology, Sydney, Faculty of Law

Date Written: July 4, 2012

Abstract

This article explores the role of discourse and narrative in shaping the recent wave of reforms to surrogacy law and policy around Australia. I examine two sites of dialogue, parliamentary debate and media representations, where discourses concerning surrogacy have been dramatically reframed to justify a new era of regulation. The themes that have emerged through these reform dialogues both reflect and recraft contemporary understandings of surrogacy specifically as well as non-traditional family formation more broadly. As such, this is an analysis both of the role of evolving discourses of surrogacy, infertility and assisted reproductive technology in Australia, and a case study of a multiple jurisdiction law reform process dominated by narrative and anecdote.

Keywords: surrogacy, assisted reproductive technology, third party reproduction, law reform, non traditional families, lesbian and gay parenting, same sex parents, single parents, family formation, family regulation, narrative, discourse, parliamentary debate, media representation

JEL Classification: k39

Suggested Citation

Millbank, Jenni, From Alice and Evelyn to Isabella: Exploring the Narratives and Norms of ‘New’ Surrogacy in Australia (July 4, 2012). (2012) 21(1) Griffith Law Review 101-136. Available at SSRN: https://ssrn.com/abstract=2100634

Jenni Millbank (Contact Author)

University of Technology, Sydney, Faculty of Law ( email )

Australia

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