Surrogacy : competing interests or a tangled web?

Trowse, Pip (2013) Surrogacy : competing interests or a tangled web? The Queensland Lawyer, 33(3), pp. 199-209.

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Overseas commercial surrogacy is a legally challenging but commonly utilised form of assisted reproductive technology. Not only does it raise complex and competing policy issues, but it tests the relevant Family Law legislation which underpins parenting orders. Decisions handed down by the judiciary are inconsistent. Legislation is inadequate. But still the surge in surrogacy continues as surrogacy destinations such as India and Thailand continue to increase in popularity. Part one of this article addresses the competing interests of the illegality of overseas commercial surrogacy arrangements with the welfare of the child born as a result of such arrangements, and the inconsistent approaches taken by the judiciary. Part two concerns the interpretation of Family Law legislation by the courts in an attempt to provide intended couples and their children with certainty and finality, again resulting in inconsistent judicial decisions. Overseas commercial surrogacy is legally problematic, and intended parents need to be aware of its limitations.

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ID Code: 63691
Item Type: Journal Article
Refereed: Yes
Keywords: surrogacy, parentage, public policy
ISSN: 0312-1658
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Family Law (180113)
Divisions: Current > Research Centres > Australian Centre for Health Law Research
Copyright Owner: Copyright 2013 Thomson Reuters
Deposited On: 24 Oct 2013 23:04
Last Modified: 29 Oct 2013 02:42

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