IVF Surrogacy

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IVF Surrogacy

Section 3, of the Surrogate Parenthood Act QLD (1988) states that all

forms of surrogacy, altruistic or commercial, are illegal in

Queensland as is advertising for both the need of a surrogate and

wanting to become one. (http://www.legislation.qld.gov.au) This

report will take the view that IVF surrogacy should be legalised in

Queensland or made negotiable for couples in certain situations.

IVF surrogacy is when, the embryo created using the sperm and ovum of

a couple is implanted in the uterus of the surrogate mother, this

method is relatively new and is technically possible through the in

virto fertilisation program and in this case the baby is of no

relation to the surrogate. (http://www.betterhealth.vic.gov.au) A

major issue frequently brought up favouring surrogacy in Queensland is

that it is legal just over the border. The two procedures in which

surrogacy can take place are natural surrogacy and IVF surrogacy. Both

procedures have caused moral, ethical, legal and social arguments and

as a result all states in Australia have ruled their own different

laws about surrogacy.

IVF surrogacy is seen by some to be a wonderful thing to do for

someone; many however frown upon natural surrogacy. The Better Health

Channel defines Natural surrogacy when the male partner of an

infertile couple impregnates the surrogate mother by mean of natural

or artificial insemination. The surrogate mother then gives the

custody of the child to the couple at birth. (http://www.betterhealth.vic.gov.au)

This type of surrogacy leaves the social mother, the mother the child

is handed over to at birth, of not relation to the child. ...

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(assessed 20 Feb. 2004)

Krohn, A. (1996). ACT Surrogacy Arrangements: What Happened to Uniform

Policy? [online], Available from

http://www.bio-ethics.com/op_actsurrog.htm (assessed 2 March. 2004)

Legal Branch. (2000), Review of the Human Tissue Act 1983 – Assisted

Reproductive Technologies [online], Available from

http://www.health.nsw.gov.au/csd/llsb/art/artpart9.html (assessed 2

March. 2004)

Office of the Qld Parliamentary Counsel. (1988), Surrogate Parenthood

Act 1988 [online], Available from

http://www.legislation.qld.qog.au/LEGISLTN/CURRENT/S/SurrogParentA88_001.pdf

(assessed 18 Feb. 2004)

Stuhmcke, A. (1995), For Love or Money: The Legal Regulation of

Surrogate Motherhood [online], Available from

http://www.murdoch.edu.au/elaw/issues/v2n3/stuhmcke23.html (assessed

19 Feb. 2004)

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