NSW Surrogacy Bill welcomed

03.11.2010

Following the passing into law of the Adoption Amendment Bill allowing same-sex couples the right to adopt a child, the next step an LGBT parental equality for NSW is the newly-introduced Surrogacy Bill.

The Bill aims to give parents – including same-sex couples – of children born through surrogacy full legal recognition.

While altruistic surrogacy is already legal in NSW, the Bill introduces a transfer of parentage scheme, which will strengthen existing parenting laws in NSW.

The NSW Gay and Lesbian Rights Lobby has welcomed the legislation, which will be debated on before each NSW MP decides on it independently with a conscience vote.

“This Bill provides a consenting birth mother and her partner, if any, to transfer their parenting rights to the intending parents. This will allow people who have children through surrogacy arrangements to be recognised as the legal parents of their child,” explains GLRL Co-Convenor Rathana Chea.

GLRL Co-Convenor Kellie McDonald adds: “It is in the best interests of children born through altruistic surrogacy arrangements, that a mechanism exists to allow their intended parent/s to be recognised.”

The transfer of parentage ensures that the intending parents are recognised as the legal parents of their child in other areas of federal and state law.

While commercial surrogacy will remain prohibited, the NSW Government will allow ‘reasonable expenses’ to be remunerated to the surrogate mother.

“The Bill provides a clear list of what can and cannot be remunerated to protect individuals or couples from entering into what could constitute commercial surrogacy, which is a criminal offence,” says McDonald.

The Bill also includes provisions to recognise overseas surrogacy arrangements, however only altruistic arrangements will be recognised.

Chea adds: “While it is pleasing that some overseas arrangements will be recognised, all transfers of parentage issued by foreign jurisdictions should be recognised in NSW in order to protect the best interests of surrogate children living in NSW families.”

The Australian Christian Lobby is predictably blasting the Bill, worrying that same-sex couples would be able to apply for the same legal rights as opposite sex couples when seeking be become surrogates.

“This is a form of social engineering and experimentation with children which would further undermine the natural family in a way that would be of great concern to many people in NSW,” says the group’s director David Hutt.

A similar Surrogacy Bill in Queensland passed with a slim majority earlier this year.

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