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IVF Surrogacy

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Introduction

IVF Surrogacy Section 3, of the Surrogate Parenthood Act QLD (1988) states that all forms of surrogacy, altruistic or commercial, are illegal in Queensland as is advertising for both the need of a surrogate and wanting to become one. (http://www.legislation.qld.gov.au) This report will take the view that IVF surrogacy should be legalised in Queensland or made negotiable for couples in certain situations. IVF surrogacy is when, the embryo created using the sperm and ovum of a couple is implanted in the uterus of the surrogate mother, this method is relatively new and is technically possible through the in virto fertilisation program and in this case the baby is of no relation to the surrogate. (http://www.betterhealth.vic.gov.au) A major issue frequently brought up favouring surrogacy in Queensland is that it is legal just over the border. The two procedures in which surrogacy can take place are natural surrogacy and IVF surrogacy. Both procedures have caused moral, ethical, legal and social arguments and as a result all states in Australia have ruled their own different laws about surrogacy. IVF surrogacy is seen by some to be a wonderful thing to do for someone; many however frown upon natural surrogacy. The Better Health Channel defines Natural surrogacy when the male partner of an infertile couple impregnates the surrogate mother by mean of natural or artificial insemination. ...read more.

Middle

Payments to surrogate mothers...Legal enforcement of surrogacy contracts... Whether parents should be married... Medical costs. (Giles, 1989, p 293, 294) These issues create much discussion between parties about whether surrogacy should be allowed in Queensland. IVF surrogacy clearly answers the issue about medical costs. The surrogate mother should be free of all medical costs as she is helping or doing an unfortunate couple a favour. Change of mind is a minor risk when dealing with IVF surrogacy as it is proven that the surrogate mother does not feel as connected to the child as it biologically belongs to another couple. Legalising IVF surrogacy in Queensland for couples in certain situations will not destroy as many moral and social principles, as the surrogate mother is only 'doing the couple a favour' and not 'giving away her own baby'. Two major issues, which would have to been clearly outlined if IVF surrogacy became legal in Queensland are 'who should it be open to' and 'should there be any liability.' Results from the same survey mentioned earlier shows that all participants believe surrogacy should be available to married couples. However, participants were able to choose more then one situation and 30% said that IVF surrogacy should also be available to either a single man or woman or people in either defacto or homosexual relationships. ...read more.

Conclusion

(Giles, 1989, p. 294) There must also be a legal contract entered into, which may also prevent surrogates from changing their minds. Another criterion the biological parents should meet is informing the child, when they reach a certain age, of the surrogacy process. When this occurs the child should have every right to meet the surrogate mother if they wish. This operates similarly in an adoption situation. If these criteria were followed then legalising IVF surrogacy in Queensland should not be as big of a problem as it is thought to be. Giving an infertile couple the chance of sharing a baby, that is biologically their own, is a wonderful and paramount gift any woman can give. The process of IVF surrogacy is an excellent way of accomplishing this without completely destroying the Marriage Act or moral opinions, such as a woman giving up a child they gave birth to themselves. IVF surrogacy is completely different to natural surrogacy and is believed to be a favour a woman does for another couple in an unlucky situation. Slight changes to the Surrogate Parenthood Act (Qld) 1988 may give unfortunate women the chance to raise a child of their own with the help of a close friend or relative. Finally, if life is the greatest gift anyone can give, then isn't helping create life the supreme gift? (Carter, 1996, p. ...read more.

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