australia. surrogate motherhood

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surrogate motherhood in australia

There is currently no specific legislation that encompasses reproductive technology. However clauses in the Human Tissue Act 1983 (NSW) do incorporate some aspects. The NSW government has released a discussion paper that canvases the need for legislation to govern reproductive technology practice and research. The report from the consultation around this paper is expected early in 2000.

NSW has no current legislation regarding surrogacy and it is thus not specifically prohibited but operates under the National Health and Medical Research Council ethical guidelines and the regulation of Institutional Ethics Committees. The NSW Law Reform Commission Report (1988) recommended commercial surrogacy be prohibited by law and non-commercial surrogacy not be encouraged. As in all states of Australia, when surrogacy agreements are made, the birth parents are lawfully deemed to be the legal parents.

Apart from these instances, New South Wales' reproductive technology units currently rely on the National Health and Medical Research Council's recommendations for rulings on reproductive technology issues.

The Victorian Government introduced their Infertility Treatment Act 1995 (Vic) in 1995 and it was fully proclaimed in 1998, following amendments which were passed by the Parliament in 1997. This act requires that to access treatment, a couple must be in a heterosexual de facto relationship, and considered by their doctor to be infertile, or wishing to prevent the transfer of a genetic abnormality or disease. Recipients of treatment must be provided with information which is prescribed in the regulations, and receive counselling from a counsellor approved by the Infertility Treatment Authority. Informed consent must be given to the treatment proposed, by the woman and her spouse.

The Infertility Treatment Authority licenses places where treatment is provided and approves doctors, embryologists, research scientists and counsellors.

The Victorian legislation contains specific clauses that regulate how long reproductive material such as eggs, sperm and embryos can be stored. For example gametes (eggs and sperm) can be stored for ten years and embryos for five years. However, owners of the material are able to apply for an extension of the storage period.

Since 1 January 1998, offspring resulting from donor procedures have the right to access identifying information about their birth origins. This information is recorded on a Central Register which is managed by the Infertility Treatment Authority. The Authority also manages a voluntary register associated with donor procedures.

The Victorian Act prohibits any commercial surrogacy arrangement thereby making it an offence to give or receive any payment or reward under a surrogacy agreement. It is also illegal to arrange a surrogacy agreement or act as a surrogate mother. All surrogate agreements both altruistic and commercial are void.

The Act contains a range of prohibitions including a prohibition on cloning and destructive research utilising embryos. Any embryo research must render the embryo fit for transfer in a treatment procedure, and must be approved by the Infertility Treatment Authority.

Following extensive consultation and several Issues Papers, the Victorian Law Reform Commission (VLRC) published its Report into Reproductive Technology and Adoption and makes 130 recommendations for changes to reproductive medicine law and policy in Victoria, including expanding eligibility criteria to include social infertility and other indications, as well as reforming the laws to allow same sex couples to adopt.

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