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Contemporary issues of surrogacy and birthing technologies in family law

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Contemporary issues of surrogacy and birthing technologies in family law
An Estimated 10-15 per cent of Australian couples who want to start a family are infertile, similarly same-sex couples are unable to reproduce and this has led to the use of surrogacy and birthing technologies to provide a means to overcome such barriers in having children. The changing views of society along with the corresponding reforms of the law in relation to these procedures have been main contributors to contemporary issues within the area being addressed, however the effectiveness of legal and non-legal measures in place is questionable. With diverse perspectives and interpretations on what is a just outcome for all parties involved, it is difficult to evaluate such a controversial matter. Issues relevant today in relation to surrogacy include the exploitation of women overseas through commercial surrogacy as well as the presumption of parentage and parentage orders, even with the approval of legal measures dealing with such problems, conflict of views indicate many people do not agree and feel there is a great need for reform. Birthing technologies hold many interrelated issues of concerns with difficulties in defining legal parents in relation to birth certificates as well as the roles and responsibilities of gametes donors. The amendment of previous laws in addition with the introduction of new ones aim to better reflect the changing values of society with non-governmental organisations and the media attempting to assist in informing the public and creating awareness with current issues.

Surrogacy is a difficult issue, especially in Australia where the law varies from state to state. Many infertile Australian couples seek the services of surrogate mothers overseas in the United States, India and other countries, spending up to $80,000 and risking breaking the law. The current issue of concern in this, is not only the exploitation of poor women but also the Australians being overcharged by these clinics as well as the legal status and protection of

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