Ivf “Society Moves Ahead and the Law Limps Behind”

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“Society moves ahead and the law limps behind”
This statement implies that society and populations progress and there is a need for new laws to cater for this progress. Technology can sometimes present new challenges which the law must meet. Some of these technological challenges have included assisted birth technology (ABT) like surrogate births, and in IVF. Surrogacy involves a woman who bears a child for a couple, with the intention of handing it over at birth. She is usually either artificially inseminated with the man's sperm or implanted with a fertilized egg from the woman or with a fertilized egg with the husband’s sperm and wife’s egg. This would be done when the couple have tired endlessly to conceive their own child but because one of them is infertile or might have had a sickness which has taken the opportunity to have a baby so these couples might go into surrogacy. IVF (In Vitro Fertilization) and Assisted Reproductive Technology (ART) in which one or more eggs are fertilized outside a female's body, then when fertilized it can implanted to the same donor (mother) or it could be implanted in another women’s body (surrogate mother). This process could be done in different ways for example: the egg could be from a couple and the sperm could be from a donor or the egg and sperm could be of anonymous donors and it will be fertilised and implanted in a uterus. The legal aspects surrounding surrogacy is very complex and mostly unsettled. In some jurisdictions the possibility of surrogacy has been legally allowed and as a result, the intended parents may be recognized as the legal parent’s right from the birth of a baby. In all states of Australia (except Tasmania) altruistic surrogacy is legal however, in all states in Australia commercial surrogacy is a criminal offence and is illegal. Countries around the world have similar laws towards surrogacy.IVF is usually legal in all states around Australia and also around the world but there are some countries that ban surrogacy and IVF. There are many cases about surrogacy and IVF treatments but there is also cases of people that have had one of these producers done and there outcomes. The most popular case of surrogacy is the case of Senator Stephen Conroy and his wife Paula Benson. The surrogacy experience of Stephen Conroy and Paula Benson illustrates complexity of legal issues associated with ABT (assisted birth technology), in Australia. In 2006 Stephen Conroy and his wife Paula had a baby though surrogacy. In 2003 Ms Benson was diagnosed with ovarian cancer, in 2006 daughter Isabella born using a donor egg and a gestational carrier. IVF or Surrogacy was not allowed in Victoria so they travelled to NSW for the treatment, the egg donor and the gestational carrier both acted altruistically. IVF laws are inconsistent across Australia in relation to surrogacy and should be made uniform. A case that best describes problems within IVF is the case of Lessa Meldrum (1999). Access to ABT has long been an issue that the legal system has struggled to deal with. The case of Victorian Lessa Meldrum illustrates this. In 1999 IVF in Victoria was available for married couples and defector couples, Ms Meldrum applied for access to IVF as single women and which the organisation rejected. The legal battle decided the issue of access was eventually won by Meldrum but it took close to ten years and by that time she was too old to take the advantage of IVF technology. The evaluation to this case was that the legal system was to slow. Also the legal system in 2011 discriminates against same sex couples without a good reason. Many couples know that it’s hard to have a baby though surrogacy in Australia so they fly internationally to have their baby. This is best described in the article “Rules get tough for overseas surrogacy”. People using surrogate mothers in India may no longer be able to do so after the Immigration Department said it would not guarantee...
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