Surrogacy – SA Law Review

The South Australian Law Reform Institute has called for comment on the review of surrogacy laws in that State. In a series of ‘Fact sheets’ they raise three specific issues, namely:

  • The role of the State – specifically in relation to the Surrogacy Register;
  • The reimbursement of reasonable costs to the surrogate and/or ovum donor; and
  • Legal issues pertaining to parentage orders.

The ACL submission addressed concerns which were not discussed in the ‘Fact sheets’ but which seriously relate to the rights and dignity of the persons involved in the process of surrogacy. The submission addressed the rights of the child who may be born from such an arrangement; and the rights of the surrogate and/or egg donor (who may, or may not be, the same person). 

The Australian Christian Lobby is opposed to the availability of surrogacy, including altruistic surrogacy, as the practice does not operate in the best interests of the child by not ensuring that the child has the right to know and to be raised by his or her biological parents. Further, surrogacy is a commodification of children and of the bodies of women who provide surrogate services. Of particular concern was the existence of a ‘Surrogacy Register’ held by the South Australian government which lists the details of women who may be available as surrogates.

Read the submission here: South_Australia_Surrogacy.pdf