“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...
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