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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-11-21 Daily Xml
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SOCIAL DEVELOPMENT COMMITTEE: GESTATIONAL SURROGACY

Adjourned debate on motion of Hon. I.K. Hunter:

That the report of the committee on its inquiry into gestational surrogacy be noted.

(Continued from 14 November 2007. Page 1285.)

The Hon. J.S.L. DAWKINS (17:16): In speaking to the noting of this report, I understand that my colleague the Hon. Stephen Wade, who is a member of that committee, will be speaking on this matter on the next occasion that we meet. However, as the person who was the instigator of the legislation which was referred to the Social Development Committee on 24 September 2006, I wish to make some comments about the report. Of course, Mr Acting President, you are well aware of that, as presiding member of that committee.

In general, I and those who have benefited from surrogacy (and will in the future) are very supportive of the report. I think we recognise that there is in this report thorough coverage of the many complex issues that are involved in this matter. So, on their behalf, I indicate my thanks to the committee which, of course, includes you, sir, as the presiding member, the Hon. Dennis Hood and the Hon. Stephen Wade from this chamber, and the members for Hammond, Morialta and Taylor in the other place.

I indicate my gratitude for the work of the staff of that committee. I attended as many of the hearings as possible, and I think that the welcome that the committee gave to people (whether directly involved or others who had an interest) was commendable. I note that you, sir, in your remarks, gave great credit to the witnesses who came along and bared the private part of their lives to the committee. I think that it was a fabulous effort, because not only did they come along and indicate all the troubles that they have had in having children over a number of years, but, as someone said, 'Basically I came along and told you all about my insides.' I think an incredible amount of courage is needed to do that, and I give great credit to the people who did so because their evidence has allowed this report to be as thorough as it is.

The recommendations are quite detailed. Obviously, the first aspect of the recommendations deal with parenthood and birth certificates for children born through surrogacy. Of course, that is probably an aspect of this bill that has not had much attention in the media or in general discussion. It is a very important one. Only recently we had a case where two people had a child through a surrogacy arrangement, and that child is genetically theirs. They have had to adopt this child. I think that in this day and age, it is ridiculous that they had to adopt a child that is genetically their own. I am grateful for the number of recommendations that are in this report in relation to that aspect. Obviously, I am grateful for the fact that the committee has indicated quite strongly that it believes that surrogacy in the form that I have proposed should be legalised in this state.

I recognise that a bill cannot just be referred off and looked at straightaway, but it has been 14 months. Many of these people have been waiting for years and many of them have expended many thousands of dollars going interstate. Some people would like to actually go into a surrogacy arrangement in this state, and another delay is something that concerns me greatly. The recommendation that the government bring back legislation will result in a further delay. I admire the great faith that some of my colleagues have that the government will bring in legislation very early in the new year. I have been here a little bit longer than one or two of my colleagues, but not as long as some. I would be very glad to be wrong, but if we have a bill in this parliament within 12 months, I will be very glad to shout a couple of drinks. I will be delighted if it happens.

I indicate that I will reintroduce my bill at the earliest opportunity in the new year. I will be making some amendments to that bill, and I will sit down in the next few weeks to pick up some of the suggestions from the report. There are some recommendations there that can improve the bill, but there are some that I will not pick up. I will not go into great detail today because, obviously, I will make another speech when I introduce the bill.

I suppose I am biased, but this bill has been prepared by me, with guidance from our excellent parliamentary counsel and also those who have a passionate interest, and it has been presented to this parliament. It is not a bill that has been shot out of the ground by anybody, and it is a bill that could have been amended and passed on to the other house if it were supported, but that is not the case. As I said earlier, the committee has quite emphatically urged the government to bring back legislation. I thank committee members for that, but it is my intention to introduce an amended bill in February.

As I have said, I will not go into great detail, but there are one or two areas I want to address. The report does put some store in the fact that my bill may contravene state and commonwealth antidiscrimination legislation. In some places, the 'may' might have been underestimated, but it is 'may'—and the Hon. Mr Hunter did acknowledge that last week, on my interjection. I think there is a point of difference there. I do not intend to alter my bill in that regard. I still have a belief that it should relate to heterosexual, married couples and to those who have been in a de facto relationship long enough to be regarded by the law of this state as being the same as a married couple.

The reference to individuals is something that concerns me as well. I believe that such legislation should be only for couples. I will not delay the chamber. I intend to do much more work on the report and on my original bill than I have been able to do in the seven or eight days since the report was brought down. I look forward to further contributions on this report, and I indicate that, as early as possible in the sittings next year, I will be seeking leave to reintroduce a bill in relation to surrogacy in this state.

Debate adjourned on motion of Hon. J.M. Gazzola.

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