family law assessment > surrogacy (1 Viewer)

[shell_bell86]

Just a quick question...
After reading many different internet sites ect i have become confused about legislation surrounding surrogacy. I know many childless couples get a surrogate mother from other countries but is this because it is 100% illegal in Australia?
or is it only illegal for homosexual couples... so many sites say different things

 

[Ziff]

It's illegal to pay someone to be a surrogate. I think in NSW it's legal as long as it's an act of alturism.

Homosexual couples cannot adopt a child.

The way it works is the surrogate mother has the child and then she adopts the child out to the parents.

 

[~*HSC 4 life*~]

Originally posted by Ziff
It's illegal to pay someone to be a surrogate. I think in NSW it's legal as long as it's an act of alturism.

Homosexual couples cannot adopt a child.

The way it works is the surrogate mother has the child and then she adopts the child out to the parents.

will you be my surrogate? hahaha

 

[shell_bell86]

alright then so in that case i can say that a legal issue relevant to birth technology/ surrogacy is paternity and maternity rights, custody and access of the child. and because it is illegal in Aust. and many couples bring there surrogate born child back to Aust. there are more legal issues/ confusions?

im such a lostie!

 

[santaslayer]

Surrogacy is neither legal or illegal......it has not been set out in any form of legislation as yet.
Surrogacy agreements are only made illegal if it is commercialised in anyway. (ie. transaction of benefits)
Surrogacy agreements may never be protected legally (in the form of legislation) because of recommendations by the LRC
Surrogacy agreements can still be adhered to if there are no disagreements or gross duress at the time of agreement

 

[santaslayer]

.......also, you can talk about how surrogacy agreements should be looked into in more depth by the LRC because homosexuals may be able to utilise this to their full advantage!

 

[Ziff]

NSW has the shittiest laws on it. I think we only have one law which I can't remember the same of from back in 1984. All the other states seem to have much more advanced and recent legislation.

 

[Miffy]

Originally posted by Ziff


Homosexual couples cannot adopt a child.

Yes they can

 

[Ziff]

Nope.

"couple" means a man and a woman who:

(a) are married, or

(b) have a de facto relationship.

---

ADOPTION ACT 2000 - SECT 26
Who can adopt?
26 Who can adopt?

(cf AC Act ss 8, 19, 20, 21 (1) (c) (i) (a)) An application for an adoption order may be made in accordance with this Act solely by or on behalf of one person or jointly by or on behalf a couple.

Note:

"Couple" is defined in the Dictionary.

 

[Ziff]

The only way a homosexual couple can adopt is if one partner adopts the child...

 

[Miffy]

Yeah my bad... homosexual COUPLES can't adopt but INDIVIDUAL homosexuals can. I still see it as though a child is being adopted into a homosexual parental environment (if the individual homosexual has a partner).

 

[santaslayer]

Originally posted by Ziff
NSW has the shittiest laws on it. I think we only have one law which I can't remember the same of from back in 1984. All the other states seem to have much more advanced and recent legislation.

Why don't you lobby the government then?

 

[santaslayer]

Originally posted by Miffy
Yeah my bad... homosexual COUPLES can't adopt but INDIVIDUAL homosexuals can. I still see it as though a child is being adopted into a homosexual parental environment (if the individual homosexual has a partner).

There are always loopholes in the legal system you can exploit!