Commercial Surrogacy-some troubling family law issues

Abstract

Australian state and territory legislation prohibits commercial surrogacy, but the prohibition has been ineffective in preventing some Australians from entering into commercial surrogacy agreements outside Australia, mainly with women in India and Thailand. This article investigates some novel and complex legal issues that may confront the Australian courts after children born in such arrangements are brought back to Australia. The issues include identifying who are the �parents� of the children, and determining their best interests. The authors call for greater coherence in Australia�s legal response to surrogacy. The aching desire for a child felt by those unable to conceive by normal means, poverty and the profit motive can be a terrible combination resulting in exploitation (especially of the poor), abuse of human rights and the commodification of children.�