Ronli Sifris, 'Surrogacy' in Ian Freckelton and Kerry Petersen (eds) Tensions and Traumas in Health Law (2017, The Federation Press)
Posted: 31 Jan 2018
Date Written: January 23, 2018
This chapter considers surrogacy in the Australian context. It begins by setting out the law in Australia before discussing current political and policy debates. It then turns to interrogate the status quo, focusing on the law relating to presumptions of parentage and the prohibition of compensation. The chapter argues that the law surrounding parentage should change so as to give effect to the intention of all parties to a surrogacy arrangement and that some form of compensated surrogacy should be legalised. While the chapter necessarily touches on some of the human rights arguments, it does not purport to engage in an in-depth analysis of all of the human rights issues at play. The aim of the chapter is to provide a snapshot of the current Australian legal and policy approach to surrogacy, the problems with the existing approach, and the key changes that should be made to advance the internal coherence of Australian law and to best protect the rights and interests of all involved in a surrogacy arrangement while appropriately addressing realities on the ground.
Keywords: surrogacy, Australia, compensation, parentage
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