Schedule 8: Surrogacy Act 2010
Concerns
Commercial Surrogacy: Disguised Legalization Through Legislative Loopholes
The facilitation of commercial surrogacy, packaged as a “narrow pathway” for a small number of families - opening the door to much larger consequences of child trafficking, organ removal and modern slavery of both surrogate and children.
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When the Labor Government Aids and Abets Child Trafficking, Slavery, and Exploitation
The Labor government rammed hrough the NSW Equality Bill on October 17, 2024, and in so doing they will be supporting practices that are illegal world-wide.
Please watch:
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(TO BE FURTHER UPDATED)
Rights of Birth Mother to Manage Pregnancy and Birth (New Section 6A)
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The amendment affirms the birth mother's autonomy during pregnancy and childbirth; however, it fails to address potential pressures and exploitation risks from commissioning parents. This could lead to situations where the birth mother's ability to make autonomous decisions is compromised by contractual expectations or coercion.
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Removal of Geographical Nexus for Offences (Amendment to Section 11)
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The proposal to omit Section 11, which establishes a geographical nexus for offences, reduces the jurisdictional clarity needed to prosecute offences related to surrogacy. This change creates a legal vacuum where foreign elements involved in surrogacy can evade NSW law, increasing cross-border surrogacy exploitation without legal ramifications.
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Put simply, the Bill removes bans on commercial surrogacy arrangements if they take place outside NSW. This is an underhanded move, as the Bill attempts to circumvent the federal ban on commercial surrogacy within Australia by offering a back-door option.
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Changes to Conditions for Making Parentage Orders (Amendment to Section 18(2)(b))
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The amendment shifts the focus from meeting specific preconditions to a broader consideration of what is in the "best interests of the child." This opens the door to subjective interpretations, which could be manipulated to favour the intended parents over the birth mother's or the child's welfare. This change might result in the granting of parentage orders in situations where procedural safeguards are not met, undermining the child's welfare and the birth mother’s rights.
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Removal of Altruistic Surrogacy (Amendment to Section 23(2))
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Eliminating the specific prohibition against commercial surrogacy will lead to the commercial exploitation of vulnerable women, particularly those in financially disadvantaged situations. This could transform surrogacy into a market-driven industry in NSW, increasing risks such as coercion and exploitation of women who may view surrogacy as a financial necessity or opportunity.
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Recommendations
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Retain Sections That Criminalise Exploitation: Keep sections that criminalise bad actors who exploit surrogacy to maintain strong legal protections.
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Protect Public and Individual Welfare: Retain sections that safeguard public and individual welfare against the risks associated with an unregulated surrogacy industry.
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Maintain Geographical Nexus for Offences: Ensure that Section 11 is retained to maintain jurisdictional clarity and effective legal recourse against cross-border surrogacy exploitation.
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Uphold Non-commercialisation of Surrogacy: Retain the prohibition against commercial surrogacy to prevent the exploitation of vulnerable women and children.
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Clear Guidelines for Parentage Orders: Ensure that any changes to parentage orders maintain rigorous standards and clear guidelines to protect the welfare of children and the rights of birth mothers.
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Maintain Geographical Nexus for Offences: Ensure that Section 11 is retained to maintain clarity and effective legal recourse against cross-border surrogacy exploitation.
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Uphold Non-commercialisation of Surrogacy: Retain the prohibition against commercial surrogacy to prevent the exploitation of vulnerable women and children.
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Withdraw the Proposed Amendments
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