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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2008-11-13 Daily Xml
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STATUTES AMENDMENT (SURROGACY) BILL

Second Reading

Second reading.

Dr McFETRIDGE (Morphett) (10:33): I move:

That this bill be now read a second time.

I thank the Hon. Bob Such, Mr Kris Hanna and the Hon. Iain Evans for allowing me to move this motion ahead of their business. The Statutes Amendment (Surrogacy) Bill has a long history. It has passed the other place after two years. It was introduced in June 2006 by the Hon. John Dawkins. It has had a fairly tortuous path through the other place and is now the Statutes Amendment (Surrogacy) Bill 2008.

The bill has been withdrawn on motion a number of times and was referred to the Social Development Committee in 2006, and I will refer to the committee's report at a later date. The Social Development Committee reported in November 2007 and recommended that the state government prepare a bill legalising gestational surrogacy and making the necessary changes to the birth certificate arrangements. No government bill was introduced but the Hon. John Dawkins reintroduced this bill that we have before us now in February 2008.

The bill seeks to amend the Births, Deaths and Marriages Registration Act 1996 and the Reproductive Technology (Clinical Practices) Act 1988 to ensure that the genetic parents are listed on the child's birth certificate. At present, the surrogate mother and her partner are listed on the birth certificate as the mother and father.

The bill also seeks to amend the Reproductive Technology (Clinical Practices) Act 1988 to recognise the rights of children born through gestational surrogacy procedures. This is a conscience vote for both parties. I understand the government is supporting this legislation. It will be good to see this legislation pass through both houses; it will be an historic moment.

This is a controversial and complex issue. There are legal, ethical, medical, psychological and social consequences that need to be addressed, and it would be quite right to say that public opinion on the issue is divided. I think it is not an even divide, though. I think the vast majority, as with many of these issues, are in favour of this legislation passing.

The purpose of gestational surrogacy is to enable childless heterosexual couples, either married or in de facto relationships, to use their genetic material to have children when the woman is unable to carry a child due to medical reasons. This is not to discriminate against same sex couples but to give heterosexual couples the opportunity to have children.

Surrogacy laws differ across Australia: some allow surrogacy to occur, while others prohibit its use. South Australians are able to travel interstate to undergo gestational surrogacy procedures. The Standing Committee of Attorneys-General has agreed to consider the possibility of introducing consistent surrogacy laws across all Australian states and territories, and we look forward to that move.

The need for reproductive medical clinics providing surrogacy technology and the necessary medical expertise in those clinics is vital, and the need for this legislation to be enacted will allow that to take place. When considering this legislation it is vital to consider the welfare of children born of gestational surrogacy procedures and to ensure that they are completely protected by law. The needs and best interests of genetic parents and surrogate mothers should also be taken into consideration.

I acknowledge the hard work that has been done by the Hon. John Dawkins and Mrs Kerry Faggoter, who has been an advocate for this legislation. It has been a long time coming. It is good to have it introduced in this house and I look forward to further debate in the ensuing weeks.

Debate adjourned on motion of Hon. L. Stevens.

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