Tuesday, December 11, 2012

Why legalising commercial surrogacy is a good idea

Chief Federal Court Magistrate John Pascoe’s call for amending Australian state legislation to allow commercial surrogacy, subject to statutory controls, has much to commend it.
The aim of the legislation would be “to stop the exploitation of poor women and protect the legal status of children caught up in the booming overseas surrogacy trade” according to today’s Fairfax papers.

Prohibition and protection

It’s often said that the only way to protect “vulnerable” people is by legally prohibiting conduct in which they may be exploited, with criminal penalties for those who engage in such activity. Historically, that has been the case in Victoria with many procedures related to assisted reproductive treatment (ART), such as commercial surrogacy, being criminal offences.
But experience has shown that strict prohibitions are often not effective in activities related to reproduction, especially when they can be lawfully undertaken in other countries. The desire to have a biologically-related child is so strong that infertile couples may ask an Australian woman to be a surrogate
Read more..

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