The issue of surrogacy and birth technologies with family law brings up a myriad of legal implications. Technology has and will continue to expand and evolve at an accelerated rate. Laws governing the use of such technologies are failing in some areas and the law fails to keep up with the rapid changes in society and technology.
This is because the surrogate mother has exclusive custody rights; she cannot be forced to give up the child and also has a period of reconsideration of initial intentions and the natural father has no claim to the child.
Therefore, the prohibition and inaccessibility in domestic jurisdiction forces Australian’s to travel, in particular, to developing countries where commercial surrogacy is prevalent.
In January …show more content…
Thus the Act lacks enforceability, as upon return to Australia, individuals are not penalised for their actions undertaken overseas, which leads to cases of exploitation and discrimination, such as that witnessed in the Gammy case, whereby twins were separated after birth, and currently live with different ‘parents’ in different countries, due to incompetent jurisdiction of Australian law and the improper regulation of international surrogacy arrangements. Moreover, the Surrogacy Act’s permissibility of altruistic surrogacy expresses and protects individual rights, as according to the Universal Declaration of Human Rights (UDHR), every individual “has the right to found a family” (article 16), and “the right to benefit from scientific progress” (article 15). Thus NSW legislation is fulfilling Australia’s international obligations, as signatories to the CRC and the UDHR, by prioritizing the rights and freedoms of individuals. Ultimately the Surrogacy Act is effect, as it has been utilised to improve NSW’s responsiveness to issue surrounding surrogacy, whilst it balances the rights of gestational and biological parents, and protects the individual rights of children, who are born as a result of …show more content…
Justice is achieved through the legislation as it promotes equity, as it ensures that all children, regardless of whether being born naturally or by assisted by birthing technology, have the same legal status. Which upholds Article 2 of CRC which states that “State parties shall respect and ensure the rights of each child within their jurisdiction without discrimination of any kind” “irrespective of the child’s parents or birth”, hence protecting the rights of all children born from artificial birth technologies, which is vital, as according to the United Nations, and past former president of South Africa, Nelson Mandela, “children are the most vulnerable citizens in society”. Moreover, the legislation is effective, as its enforceability is highly prevalent throughout NSW, as according to an article, “Children are not demoralised based on their conception and birth”, by Sydney Morning Herald (SMH), in 2014, “discrimination associated with birthing technologies does not exist, and there are no notable disadvantages against children who are born through the use of birthing technologies”. Thus, reaffirming the effectiveness of the Status of Children Act, considering its protection of individual rights and
This is because the surrogate mother has exclusive custody rights; she cannot be forced to give up the child and also has a period of reconsideration of initial intentions and the natural father has no claim to the child.
Therefore, the prohibition and inaccessibility in domestic jurisdiction forces Australian’s to travel, in particular, to developing countries where commercial surrogacy is prevalent.
In January …show more content…
Thus the Act lacks enforceability, as upon return to Australia, individuals are not penalised for their actions undertaken overseas, which leads to cases of exploitation and discrimination, such as that witnessed in the Gammy case, whereby twins were separated after birth, and currently live with different ‘parents’ in different countries, due to incompetent jurisdiction of Australian law and the improper regulation of international surrogacy arrangements. Moreover, the Surrogacy Act’s permissibility of altruistic surrogacy expresses and protects individual rights, as according to the Universal Declaration of Human Rights (UDHR), every individual “has the right to found a family” (article 16), and “the right to benefit from scientific progress” (article 15). Thus NSW legislation is fulfilling Australia’s international obligations, as signatories to the CRC and the UDHR, by prioritizing the rights and freedoms of individuals. Ultimately the Surrogacy Act is effect, as it has been utilised to improve NSW’s responsiveness to issue surrounding surrogacy, whilst it balances the rights of gestational and biological parents, and protects the individual rights of children, who are born as a result of …show more content…
Justice is achieved through the legislation as it promotes equity, as it ensures that all children, regardless of whether being born naturally or by assisted by birthing technology, have the same legal status. Which upholds Article 2 of CRC which states that “State parties shall respect and ensure the rights of each child within their jurisdiction without discrimination of any kind” “irrespective of the child’s parents or birth”, hence protecting the rights of all children born from artificial birth technologies, which is vital, as according to the United Nations, and past former president of South Africa, Nelson Mandela, “children are the most vulnerable citizens in society”. Moreover, the legislation is effective, as its enforceability is highly prevalent throughout NSW, as according to an article, “Children are not demoralised based on their conception and birth”, by Sydney Morning Herald (SMH), in 2014, “discrimination associated with birthing technologies does not exist, and there are no notable disadvantages against children who are born through the use of birthing technologies”. Thus, reaffirming the effectiveness of the Status of Children Act, considering its protection of individual rights and