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.  () 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. () 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. The surrogate mother then gives the custody of the child to the couple at birth. () This type of surrogacy leaves the social mother, the mother the child is handed over to at birth, of not relation to the child. Results of a survey, performed on twenty random people of the Ingham district, suggest that 75% of people believe IVF surrogacy should legal in Queensland. These survey results however, may be inaccurate as they only show the opinions of twenty people from the same community and 32% of the people surveyed were students and may have been slightly uneducated of the topic. It is estimated that about 10 – 15% of Australian couples are infertile and out of these, 60% are due to the woman who is often unable to conceive or carry a child to term. () If surrogacy was legalised in Queensland these of couples may have the chance to raise a child of their own.

There is no legislation in New South Wales, which regulates surrogacy although surrogacy involving payment, commercial surrogacy, is prohibited. (Gray & Kenman, 1999, p.57) () This makes surrogacy available to people of Queensland with a trip over the border. IVF Surrogacy should be made legal to Queensland citizens, despite the arguments both for and against, to stop infertile couples travelling over the border seeking surrogacy, where it is available.

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Many issues have been brought up regarding the legalising of surrogacy in Queensland. The idea of renting or using the female body to mother and nurture a child in order to overcome the problem of infertility has created a number of ethical and legal issues within our community. (Gray & Kenman, 1999, p.57) Professor Carl Wood, Chairman of the Department of Obstetrics and Gynaecology at Monash University states surrogacy is one of the most generous and kind acts that a woman can carry out to help others. (Giles, 1989, p. 291) Professor Wood made clear, that he was in favour of ...

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