Family law is an area of law that is concerned with family matters and domestic relations including marriage, civil unions and termination of relationships etc. The law’s success in family law is in the degree of justice achieved for all individuals involved and impacted. There are a range of contemporary issues concerning family law that affect the overall success of this part of the law and that includes recognition of same-sex marriage, care and protection of children and birth technologies and surrogacies.
In relation to same-sex couples, the legal recognition of their marriage means more than the right to get married. It also signifies the removal of institutional discrimination and the provision of adequate legal protections. Although …show more content…
Surrogacy also raises many complex social, emotional and parenting issues, including the legal recognition of genetic parents. Under the Status of Children Act 1996 (NSW), ‘when a woman becomes pregnant by using donor sperm from someone other than her husband, then that man is presumed not to be the father of the child born’. In the case of B v J (1996), the father refused to pay maintenance, arguing that the child wasn’t his child and that maintenance was the responsibility of the sperm donor because the donor’s name appeared on the child’s birth certificate. This case illustrated the confusion and uncertainty that exists in the law in particular when dealing with birth technologies. In regards to surrogacy, each state has different acts and this also creates inconsistencies and conflict between state acts. New South Wales in particular lacks clear state legislation relating to surrogacy, even though Surrogacy Act 2010 is in place, which stipulates the vagueness in the legal rights and responsibilities of commissioning parents and birth parents as well as in the rights of a child born through surrogacy. In order for the law to be more successful, law reform needs to remove inconsistencies between state laws and federal laws. In the SMH article: “Hundreds pay for overseas surrogacy”, the number of babies born on behalf of Australians through surrogacy increased from 97 in 2009 to …show more content…
This can be emphasised in the Children and Young Persons (Care and Protection) Act 1998 (NSW) and in the ratification of the UN Convention on the Rights of the Child (CROC) 1990. They both declare that no child should be subjected to violence and that it’s the responsibility of the state to protect them from all forms of physical or mental violence, negligent treatment or sexual abuse. On the other hand however, the family court that is responsible for such matters lacks the independent power and resources to investigate allegations of abuse. In the SMH “Child abuse has eluded family law reform” article, it is stated that the deficiency in family law is putting Australian Children at risk in that they are forced to spend time with abusive parents or that they are denied contact with a parent who was wrongly accused. Furthermore, protective concerns have been compromised by decisions to keep an ongoing relationship with both parents. This can, as a result, further risk a child’s safety and psychological wellbeing. As a result of law reform, the legal system now views children as paramount and has taken the stance that matters should be resolved in the “best interest of the child” rather than best interest of the parents”, which is clearly indicated in the case of B v B (1999). In dealing with violations of the law in these matters,
In relation to same-sex couples, the legal recognition of their marriage means more than the right to get married. It also signifies the removal of institutional discrimination and the provision of adequate legal protections. Although …show more content…
Surrogacy also raises many complex social, emotional and parenting issues, including the legal recognition of genetic parents. Under the Status of Children Act 1996 (NSW), ‘when a woman becomes pregnant by using donor sperm from someone other than her husband, then that man is presumed not to be the father of the child born’. In the case of B v J (1996), the father refused to pay maintenance, arguing that the child wasn’t his child and that maintenance was the responsibility of the sperm donor because the donor’s name appeared on the child’s birth certificate. This case illustrated the confusion and uncertainty that exists in the law in particular when dealing with birth technologies. In regards to surrogacy, each state has different acts and this also creates inconsistencies and conflict between state acts. New South Wales in particular lacks clear state legislation relating to surrogacy, even though Surrogacy Act 2010 is in place, which stipulates the vagueness in the legal rights and responsibilities of commissioning parents and birth parents as well as in the rights of a child born through surrogacy. In order for the law to be more successful, law reform needs to remove inconsistencies between state laws and federal laws. In the SMH article: “Hundreds pay for overseas surrogacy”, the number of babies born on behalf of Australians through surrogacy increased from 97 in 2009 to …show more content…
This can be emphasised in the Children and Young Persons (Care and Protection) Act 1998 (NSW) and in the ratification of the UN Convention on the Rights of the Child (CROC) 1990. They both declare that no child should be subjected to violence and that it’s the responsibility of the state to protect them from all forms of physical or mental violence, negligent treatment or sexual abuse. On the other hand however, the family court that is responsible for such matters lacks the independent power and resources to investigate allegations of abuse. In the SMH “Child abuse has eluded family law reform” article, it is stated that the deficiency in family law is putting Australian Children at risk in that they are forced to spend time with abusive parents or that they are denied contact with a parent who was wrongly accused. Furthermore, protective concerns have been compromised by decisions to keep an ongoing relationship with both parents. This can, as a result, further risk a child’s safety and psychological wellbeing. As a result of law reform, the legal system now views children as paramount and has taken the stance that matters should be resolved in the “best interest of the child” rather than best interest of the parents”, which is clearly indicated in the case of B v B (1999). In dealing with violations of the law in these matters,