FAMILY LAW: SURROGACYMany Australians are turning to surrogacy as a last resort to have a child today. It's a process that has become more commonly recognized and used over the years. Surrogacy is an arrangement whereby a woman can carry and deliver a child for another couple or individual. When the child is born, the natural mother permanently hands him over to the intended parents. There are many legal issues regarding surrogacy. Laws regarding this controversial process differ across Australia and have changed dramatically in Queensland. In this seminar I will analyze the issues related to surrogacy, as well as evaluate and criticize the new legislation that has been implemented in Queensland, which establishes the laws on surrogacy in Queensland. The woman who conceives, carries and gives birth to a child is called a surrogate mother. There are two types of surrogacy: traditional surrogacy and gestational surrogacy. Traditional surrogacy involves the intended father's (also known as sperm donor) sperm and the surrogate mother's egg. Therefore, in this case, the surrogate mother is the genetic mother of the child. The second type is gestational surrogacy. Gestational surrogacy involves the extraction of the egg from the future mother and the transfer of the embryo to the surrogate mother's uterus. This means that the surrogate mother is not genetically related to the child. Within the two types of surrogacy, there are two types of surrogacy arrangements: altruistic (non-commercial) and commercial. Under the Surrogacy Act 2010 (Qld), a commercial surrogacy arrangement occurs when a person receives a payment, reward or other material benefit or advantage for entering into the surrogacy arrangement… half of the document… be available to same-sex couples. By not allowing surrogacy for same-sex couples, the law would violate individuals' rights. However, at the same time, by allowing same-sex couples to enter into surrogacy arrangements, 41% of people agree with MPs who believe we are moving away from traditional family values. To conclude, it is clear that this trial is one that faces significant controversy. Society's opinions on Queensland's current surrogacy laws vary, however the majority believe the legislation is fair and just, without infringing on any individual's rights. We live in a society that is changing rapidly and, although we may be moving away from traditional family values, we are moving towards a new era in which these values will eventually have to be made acceptable, with this growing change in what is seen as a traditional system. family.
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