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Date
Jan 9, 2024
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Surrogacy Laws In
Australia
Surrogacy laws in Queensland have long been a controversial topic, with the media claiming
surrogacy is outdated. This essay aims to explore the flaws of Queensland's surrogacy laws
and propose a recommendation to improve outcomes for the kids and the parents. By
looking at the legal information from primary and secondary sources, analysing a relevant
case study, and evaluating alternative approaches, it becomes apparent that updating the
current laws to allow for compensated surrogacy is a viable solution. Surrogacy is when a
woman is willing to carry and give birth to a child on for another person or couple under a
surrogacy arrangement.
Surrogacy laws in Australia, are all about helping families who can't have babies on their
own. These laws say how people can have a baby with the help of another person, called a
surrogate. Altruistic surrogacy is when The surrogate mother does not benefit financially
from the arrangement. But the parent might repay the surrogate for her related medical
and legal costs. All Australian states and territories have legalised altruistic surrogacy. This is
legal in all Australian states and territories, but specific eligibility requirements vary
(Australian Government, n.d.). Commercial surrogacy is where the surrogate mother makes
a profit from the arrangement. That is, she is paid more than the cost of medical and legal
expenses (Australian Government, n.d.). The primary aim of these laws is to provide a legal
pathway for intended parents to have a baby with the generous assistance of a surrogate.
While altruistic surrogacy, where the surrogate receives only reasonable expenses incurred
during the pregnancy, is legal in all Australian states and territories, including Queensland,
the regulations and eligibility criteria can differ from one state to another.
Seto & Poon are an Australian couple. Mr. Seto and Ms. Yue agreed to a surrogacy
arrangement with Ms. Poon, a resident of Hong Kong. Ms. Poon agreed to serve as a
surrogate in exchange for financial support and an Australian citizenship. They formalized
their agreement in a contract they signed in June (McDermott, 2021). 2020 that Ms. Poon
would give up custody of the kids in exchange for altruistic surrogacy is when Mr. Seto is
paying for expenses like IVF, medical bills, and fees associated with immigration. However,
after a new law made it clear that Ms. Poon didn't need to reside there, she asked for
additional funds. for which the couple had to pay $30,000. Mr. Seto is the biological father
of the twin children W and Z, who were born in the later half of 2020. The Respondents
requested an outrageous amount of $290,000 after the birth (Legal, 2021). In the proceedings of this case in 2021 the court placed the kids on the family law watch list
and gave the applicants access to them every day from 6 to 8 p.m. Despite showing up in
person at multiple court proceedings, the Respondents never submitted a Response and
eventually submitted a Notice of Discontinuance (Legal, 2021).
The court recognised Ms. Poon and Ms. Seto as the kids' biological parents. They took into
account the Family Law Act which allows a variety of people to be recognised as parents of
children born through artificial means of conception. Mr. Zhu was excluded. Since Mr. Zhu
engaged in the agreement for his own financial benefit, he could not be regarded as the
other intended parent because he was never supposed to be a parent. It was discovered
that all four parties agreed that Mr. Seto was the children's intended parent. Mr. Seto's legal
parentage was established by taking into account the Masson v. Parsons [2019] since it was
determined that he was the children's parent in the traditional sense of the word in
Australia. This was due to several factors, including the fact that he is the children's
biological father and all four parties intended for him to fulfill that role, that he supported
the children financially from the moment of their birth, that he spent as much time with
them as was permitted from the time of their birth, that he took on the role of a full-time
parent and all associated responsibilities and duties, and that the children lived in his and his
wife's full-time custody starting in March 2021. altruistic surrogacy is when Ms. Poon, who
was looking for citizenship and financial support, entered into a surrogacy deal with the
Australian pair Mr. Seto and Ms. Yue. She asked for additional money after a new law. Due
to his purpose, financial support, and parenting responsibilities, the court granted Mr. Seto
parental rights and acknowledged him as the child's biological father.
The issue of surrogacy involves some important things to think about. altruistic surrogacy is
when . Depending on their own beliefs, many think that everyone should be able to use
surrogacy to build a family, regardless of their values or choices. But not everybody agrees
with this viewpoint. They think it's unfair to forbid compensated surrogacy since it limits the
options accessible to those who want to become parents through surrogacy. Being a
surrogate and having a surrogacy kid both have ethical implications.
Many people in Queensland and throughout the world are in favour of using surrogates to
allow infertile couples or those with reproductive difficulties to experience motherhood
(Everingham, Stafford-Bell, & Hammarberg, 2014). They view the surrogate's decision to
willingly carry a child for someone else as a selfless act of kindness that allows them to
realise their ambition of starting a family. advocates for surrogacy believe that it can be a
lovely and rewarding experience for all those involved, including the surrogate child. They
stress the value of the close emotional connection that can form during the process
between the intended parents and the surrogate, encouraging a sense of belonging and a
common goal.
On the other hand, some people in Queensland express ethical concerns about surrogacy,
particularly in the context of commercial arrangements. They worry that the involvement of
financial compensation might exploit vulnerable women who may be financially motivated
to become surrogates. Some philosophers argue that surrogacy is unique when compared to
other work (Marway, 2018).For instance, they claim that women are intimately connected
to their reproductive capacities and bodies, so pregnancy and birth are special and should
not be bought, or being pregnant requires an unusual time commitment. unlike other kinds
of work, the woman works 24 hours a day, seven days a week, for nine months. (The Ethics
of Surrogacy, n.d.)
There are many ways we can make this a sustainable practice and make it better and fairer
for both parties by eliminating surrogacy altogether like a lot of European countries have
done and looking toward adoption seem it is the most common alternative to surrogacy is
adoption (Sharma, 2022) In many states or all states in Australia, has a simplified legal
framework for adoption compared to surrogacy, which is one reason to consider adoption
over surrogacy. Although both adoption and surrogacy involve legal procedures, adoption
has a more established and streamlined legal framework. Typically, potential adoptive
parents work with adoption agencies or social services, which have well-defined guidelines
and procedures. Even while certain insurance plans and services are tax deductible, overall
surrogacy prices are alot more than adoption costs. Such a cost could keep future parents
from using surrogacy to grow their families. Additionally, considering the associated legal
challenges, adoption may appear a more sensible and simple legal choice for people looking
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towards parenting. First off, it would safeguard those who are vulnerable from potential
exploitation, especially women who might be forced into serving as surrogates. Second,
adoption puts the best interests of the child first by ensuring that they are transferred
through a controlled and open procedure into caring and suitable households. This action
will also promote parenting fairness and reduce the legal actions related to surrogacy,
allowing people or couples who might not have biological children to experience
parenthood.
This assignment concludes by pointing out the flaws in Queensland's surrogacy legislation
and suggesting changing them to eliminate surrogacy altogether and turn to adoption. The
complications of surrogacy agreements and parental rights are best shown by the case of
Seto & Poon. The investigation of the points of view reveals ethical issues and opposing
perspectives on surrogacy. My recommendation urges taking adoption into account as a
potential substitute for surrogacy altogether, addressing the financial costs and legal
complications related to surrogacy agreements to establish a fair and sustainable practice.
Word count (1565)
Saxena, P., Mishra, A., & Malik, S. (2012). Surrogacy: Ethical and Legal Issues. Indian Journal of Community Medicine
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(4), 211. https://doi.org/10.4103/0970-0218.103466
Better Health Channel. (2012). Surrogacy. Retrieved from Vic.gov.au website: https://www.betterhealth.vic.gov.au/health/healthyliving/surrogacy
The ethics of surrogacy. (n.d.). Retrieved from University of Birmingham website: https://www.birmingham.ac.uk/news-archive/2018/the-
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Australian Government. (n.d.). International surrogacy arrangements. Retrieved from immi.homeaffairs.gov.au website: https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/by-descent/international-surrogacy-
arrangements#:~:text=Altruistic%20surrogacy%20is%20legal%20in
Australian Governmnet. (2018). Surrogacy Act 2010
. Retrieved from https://www.parliament.nsw.gov.au/tp/files/73919/Review%20of
%20Surrogacy%20Act%202010.pdf
Legal, O. (2021, July 8). Important Case Addressing Surrogacy In NSW. Retrieved from O’Sullivan Legal website: https://www.osullivanlegal.com.au/important-case-addressing-surrogacy-in-nsw/
Sharma, R. (2022, July 22). Is there any alternative to Surrogacy? Retrieved July 20, 2023, from ARTbaby Georgia website: https://www.surrogacycentregeorgia.com/surrogacy/is-there-any-alternative-of-
surrogacy/#:~:text=Adoption%20and%20its%20consequences&text=Adoption%20is%20one%20of
%20the
Everingham, S. G., Stafford-Bell, M. A., & Hammarberg, K. (2014). Australians’ use of surrogacy. The Medical
Journal of Australia
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(5), 270–273. https://doi.org/10.5694/mja13.11311
Australian Government. (n.d.-a). Immigration and citizenship Website. Retrieved July 30, 2023, from Immigration and citizenship Website website: https://immi.homeaffairs.gov.au/help-support/glossary/international-
surrogacy#:~:text=Altruistic%20surrogacy%20is%20where%20the
McDermott, M. (2021, September 10). WHEN A SURROGACY ARRANGEMENT GOES BAD……. Retrieved from Pippa Colman website: https://www.pippacolman.com/when-a-
surrogacy-arrangement-goes-bad/
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