Surrogacy: Legal And Ethical Dilemmas

1162 Words 5 Pages
Surrogacy is an intricate and sensitive subject, which raises a number of ethical and legal concerns in Queensland. Current state legislation fail to regulate surrogacy and protect key stakeholders: the intending parent, surrogate mother, and unborn child from risky and often unethical overseas, commercial arrangements. At this Youth Issues Conference, the key issues regarding the Queensland legislation will be discussed and recommendations for improvement will be determined in order to remedy current problems within the law in order to ensure that all relevant stakeholders are aware of their responsibilities and that the unborn child’s wellbeing and best interest are safeguarded.

Under s7 of the Surrogacy Act 2010 (Qld), surrogacy is legally
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These include the potential exploitation of women from third-world countries, potential abandonment of a child born as a result, and the surrogate mother being unable to support the ‘unwanted child’. The current lack of adequate regulation of international surrogacy can lead to the exploitation of surrogates. Particularly in third-world countries, where surrogacy agencies exist who often use illegal practices to exploit poor and undereducated women to provide first-world Australian women with children. These women are often forced into it or deceived about the conditions of the arrangement (Gallagher, 2014). Some face financial hardship and therefore turn to paid surrogacy out of desperation (Dale & Macdonald, 2015). However, as surrogacy is poorly regulated in many countries, these women often don’t receive the entire fee paid by the intended parents to the agencies. Rather the surrogacy agencies take a large portion of that fee and only pass on a small portion of it to the surrogate mother (Dale & Macdonald, 2015). Furthermore, in the case where complications arise where the surrogate mother for example, faces a miscarriage, or is in need of an abortion, they are often left unpaid (Gallagher, …show more content…
Australia needs to legalise commercial surrogacy domestically and have it be nationwide in order to have consistency across all states and territories. Furthermore, Australia can implement processes similar to that of the United States where in order for a child born as a result of an overseas arrangement to be brought back to Australia, they would need to meet minimum requirements, including proof of the babies’ genetic origins (Feneley, 2015). By legalising it and by implementing a system similar to the United States, proper and adequate regulation will be able to be put in place to “help counter the dark side of the international trade” (Everingham & Tobin, 2015). It will expand the number of surrogate candidates, which will decrease the number of Australian couples travelling overseas for it, and also prevent couples from travelling to third-world countries to take the cheaper option. With these amendments to the current law in Australia, will enable it be regulated more effectively and ensures it can be enforced so that the child is supported, not rejected and left with the birth mother who is unable to support the

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