'Non-discriminatory' surrogacy report welcomed / call to end continued legal bias against gay parents
This media release was issued by the TGLRG on 26.8.08.
Tasmanian gay activists say they are pleased a State Upper House report on altruistic surrogacy does not limit surrogacy to heterosexual couples, and have called on the report's principles of non-discrimination to apply to other areas of state parenting law.
Tasmanian Gay and Lesbian Rights Group spokesperson, Rodney Croome, said that a surrogate mother should be able to choose a recipient couple on the basis of their ability to parent, not their gender.
"If a friend of family member of a same-sex couple wishes to give that couple the gift of parenthood, that is her right", Mr Croome said.
"We are pleased the inquiry into surrogacy has affirmed principles of equality and non-discrimination when it comes to parenting generally and surrogacy in particular."
"This highlights the need to remove anti-gay discrimination in other areas of state parenting law, for example, it is still the case that co-mothers of children born through IVF are not legally recognised, while same-sex couples are excluded from some types of adoption."
"If Parliament endorses the non-discriminatory principles in the surrogacy report it should take action against these other examples of discrimination as well."
The Legislative Council Select Committee Report into Altruistic Surrogacy, tabled today, recommends changes which will remove existing legal barriers to Tasmanian couples entering surrogacy arrangements.
Mr Croome welcomed a proposal for "a register of filial interest" to allow people with "parent-like interests" to be recognised "for the benefit of children with expanded filial circumstances".
"The register will help ensure that children conceived through artificial reproductive technology remain connected to everyone who helped bring them into the world", he said.
In 2003, when Tasmanian law was widely reformed to recognise same-sex partners, same-sex couples became eligible to adopt children they already care for or are related to, but not children relinquished by other people. Same-sex couples have been permitted to become foster parents in Tasmania for many years.
A copy of the Surrogacy Report can be found at http://www.parliament.tas.gov.au/ctee/REPORTS/SURROGACY.pdf
(NB: The Legislative Council Committee Secretariat accidently omitted reference to the TGLRG submission. An undertaking has been given to correct this asap)
For more information contact Rodney Croome on 0409 010 668.
~ Non-discrimination principles endorsed by the Surrogacy Select Committee
When setting laws and high policy in the area of surrogacy, the central preoccupation of both legislators and the executive government must be the best interests of the children born and raised into adulthood as a result of any surrogacy agreement. For this reason the Committee is not persuaded by arguments centred on factors such as:
Distinguishing between children in any way based on the circumstances of their birth;
The right to be a parent;
Banning or unduly hampering ethically rigorous altruistic surrogacy;
Restricting access to ART facilities;
Limiting access to relevant counselling;
Limiting access to relevant information;
Unnecessary disclosure of personal information on Birth Certificates; and,
Establishing or perpetuating legislative ghettos in any state or territory.