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Chapter 15 - Gestational Surrogacy in Australia

Published online by Cambridge University Press:  13 October 2016

E. Scott Sills
Affiliation:
Center for Advanced Genetics, California
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Type
Chapter
Information
Handbook of Gestational Surrogacy
International Clinical Practice and Policy Issues
, pp. 106 - 115
Publisher: Cambridge University Press
Print publication year: 2016

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References

McDonald, F, and Sedgwick, D. The legal framework of the Australian health system. In White, B, McDonald, F, and Willmott, L, eds., Health law in Australia, 2nd ed. (Pyrmont, NSW: Lawbook Co., 2014) pp. 73–5.Google Scholar
Millbank, J. The new surrogacy parentage laws in Australia: cautious regulation or “25 brick walls”? MULR 2011; 35:165207.Google Scholar
Stuhmcke, A. Looking backwards, looking forwards: judicial and legislative trends in the regulation of surrogate motherhood in the UK and Australia. AJFL 2004; 18:1340. Surrogate Parenthood Act of 1988 (Qld) s3 (repealed); Surrogacy Contracts Act of 1993 (Tas) § 4 (repealed); Reproductive Technology (Clinical Practices) Act of 1988 (SA) (repealed); Family Relationships Act of 1975 (SA); Human Reproductive Technology Act of 1991 (WA); Infertility Treatment Act of 1995 (Vic)) § 8(3)(a)(b) (repealed).Google ScholarPubMed
Otlowski, M. Re Evelyn: reflections on Australia’s first litigated surrogacy case. Med L Rev 1999; 7:3857.CrossRefGoogle ScholarPubMed
National Health and Medical Research Council, Australian Government. Ethical Guidelines for the Clinical Practice of ART 2007 (National Health and Medical Research Council, 2007), p. 57. Available online at: www.nhmrc.gov.au.Google Scholar
Status of Children Act of 1978 (Qld), § 17; Status of Children Act of 1996 (NSW), § 14; Status of Children Act of 1974 (Vic), §§ 10C, 10D, 10E, 13; Parentage Act of 2004 (ACT), § 11; Status of Children Act of 1974 (Tas), § 10C; Artificial Conception Act of 1985 (WA), §§ 5, 6, 6A; Family Relationships Act of 1975 (SA), § 10C; Status of Children Act (NT), §§ 5C, 5D, 5DA; Family Law Act of 1975 (Cth), §§ 60H, 69P, 69Q.Google Scholar
Family Law Act of 1975 (Cth), §§ 65C, 61B.Google Scholar
Ellison v. Karnchanit [2012] Fam CA 602 [100–101]; Dudley v. Chedi [2011] Fam CA 502 [22].Google Scholar
Smith, MK. Reviewing regulation of assisted reproductive technology in New South Wales: the Assisted Reproductive Technology Act of 2007 (NSW). JLM 2008; 16(1):120–31. Research Involving Human Embryos Act of 2002 (Cth), §§ 8, 10; Assisted Reproductive Technology Act of 2007 (NSW), §§ 6, 7, 9, 41D; Assisted Reproductive Treatment Act of 1988 (SA), §§ 5, 8; Assisted Reproductive Treatment Act of 2008 (Vic), § 7. In Western Australia, the Human Reproductive Technology Act of 1991 (WA), § 8, establishes the Western Australian Reproductive Technology Council and implements the licensing for storage of gametes and embryos and to carry out fertilization procedures.Google ScholarPubMed
Trowse, P. Surrogacy: is it harder to relinquish genes? JLM 2011; 18(3):614–33.Google ScholarPubMed
Family Law Council of Australia. Report on Parentage and the Family Law Act (December 2013). ISBN: 978-1-925118-23-0.Google Scholar
Whittaker, A. Challenges of medical travel to global regulation: a case study of reproductive travel in Asia. Glob Soc Policy 2010; 10:396415. Available online at: http://gsp.sagepub.com/content/10/3/396; accessed March 18, 2014.CrossRefGoogle Scholar
Corderoy, A. Australians flock to India to find surrogate mothers. The Age, September 14, 2013. Available online at: www.theage.com.au/national/australians-flock-to-india-to-find-surrogate-mothers-20130913-2tqbx.html; accessed May 11, 2015.Google Scholar
McCrossin, J. Babies without borders. Law Soc J 2015; 2(2):40–3.Google Scholar
Department of Health Western Australia. Review of the Surrogacy Act of 2008 (November 2014).Google Scholar
The Parliament of the Commonwealth of Australia. Surrogacy Matters Inquiry into the regulatory and legislative aspects of international and domestic surrogacy arrangements (April 2016).Google Scholar

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