Australia’s surrogacy laws encourage parents to look overseas. But Russia’s invasion of Ukraine - a popular surrogacy destination - shows the flaws of this approach.
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Articles on Commercial surrogacy
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The law needs to be more realistic about surrogacy services and payment, and reflect what is actually happening between couples and surrogates.
The surrogacy industry needs international regulation to stop the exploitation of women’s bodies.
There are sound ethical reasons behind Canada’s decision to ban payment to surrogate mothers and sperm and egg donors in 2004. A new push to remove the restrictions ignores the risks.
Surrogate mothers in developing countries are being shuffled across borders to evade a crackdown on the industry. This emerging gray market puts women at risk.
Surrogacy is fraught with uncertainties. Proposed regulation, inspired by the way the caring professions are regulated, would protect the surrogate and provide certainty about legal parentage.
The reasons for banning compensated surrogacy in developing countries don’t apply in Australia.
Medical tourism for assisted reproductive technologies raises a host of legal and ethical questions.
There’s no evidence to say legalising commercial surrogacy here would stop people from going overseas where it’s probably cheaper and there may be less regulation.
People who require the services of a surrogate to be able to have a child are going offshore because the only surrogacy permitted in Australia is altruistic surrogacy.
Fresh details have emerged of a 2012 case of an Australian couple who were delivered twins via a commercial surrogacy arrangement in India, but brought only one twin home. Does Australia have obligations to ensure the other twin’s welfare?
Often emphasised in discussions about children’s best interests is the idea that certain ways of having and raising children are “natural”. For example, this word appears frequently in reference to how…
The current debate about commercial surrogacy has focused on the competing needs of couples or individuals desperate to have children, and the exploitation of vulnerable women in low-income countries…
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Professor of Human Rights Law, Monash University
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Lecturer in Public Health and Human Rights, Monash University
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Associate Professor and Director of Michael Kirby Centre for Public Health & Human Rights, Monash University
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Director Bachelor Social Work Program, School of Human Services and Social Work, Griffith University
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Associate Deputy Vice Chancellor, Research Training and Development, RMIT University
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Academic; Consultant (Health Law), University of Sydney
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Senior lecturer in law, Deputy Director of the Castan Centre for Human Rights Law, Monash University
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Professor Emeritus of Applied Philosophy, Glasgow Caledonian University
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Professor in psychology, Australian Research Council Future Fellow, Flinders University
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Senior lecturer, Philosophy, University of Waikato
