Non-discriminatory surrogacy law welcomed

This media release was issued by the TGLRG on 8.12.10

Tasmanian gay activists have welcomed the State Government's intention to legally recognise altruistic surrogacy arrangements including those involving same-sex couples.

Tasmanian Gay and Lesbian Rights Group spokesperson, Rodney Croome, said surrogacy is an important option for many couples wishing to become parents, including same-sex couples.

"A woman who chooses to give the gift of parenthood to a gay friend or relative should have that choice legally recognised and respected", Mr Croome said.

"It is in the best interests of all children born through altruistic surrogacy, including those raised by same-sex couples, to have the legal security and protection that the Government's proposed legislation will allow."

Tasmanian law effectively criminalises surrogacy arrangements by making it illegal to advertise for a surrogate, draw up a surrogacy agreement, or access reproductive technology for the purpose of surrogacy.

The proposed surrogacy law, which is consistent with laws in other states and comes after a 2008 State Upper House inquiry into the issue, will provide a framework for recognising and protecting the legal rights of the commissioning parents, the birth mother and the child.

Fo example, parties to a surrogacy agreement will have to show they have obtained legal advice and counselling before the agreement is legally recognised. The birth mother will retain the right to withdraw from the agreement, and the parentage of the commissioning parents will be recognised through Family Court parenting orders and amendments to the child's birth certificate.

The proposed law has been introduced by the State Labor Government which is inviting public comment until February 2011.

Same-sex couples have been recognised in Tasmanian since the state became the first in Australia to establish a civil partnership scheme in 2003. Last year the State Parliament overwhelmingly supported a law recognising same-sex step-parents. This year Tasmania became the first Australian state to recognise civil partnerships from other states and overseas civil unions and same-sex marriages.

For more information contact Rodney Croome on 0409 010 668.