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NSWLegal StudiesQuick questions
Option: Family
Quick questions on Contemporary issues in family law: surrogacy and same-sex parenting
10short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is surrogacy in Australia?Show answer
Surrogacy is regulated at state level. Commercial surrogacy is prohibited in every Australian jurisdiction, but altruistic surrogacy is permitted in most states.
What is international commercial surrogacy?Show answer
Australians who enter commercial surrogacy arrangements overseas face significant legal complications:
What is assisted reproductive technology?Show answer
Assisted reproductive technology (ART) is regulated at state level. The relevant Acts include:
What is same-sex parenting?Show answer
The Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) and the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 (Cth) gave same-sex couples equal treatment under Commonwealth law for most purposes, including:
What is recognition of transgender people?Show answer
In Re Kevin (Validity of Marriage of Transsexual) (2001) FLC 93-087 (upheld by the Full Court of the Family Court in Attorney-General for the Commonwealth v Kevin (2003) FLC 93-127), the court held that the marriage of a man who had undergone gender affirmation surgery was valid: the question of sex for the purposes of the Marriage Act 1961 (Cth) was determined by the person's identity at the time of the marriage, not at birth.
What is adoption?Show answer
Adoption is governed by state legislation. In NSW, the Adoption Act 2000 (NSW) governs. The Adoption Amendment (Same Sex Couples) Act 2010 (NSW) permitted same-sex couples to adopt. The Aboriginal child placement principle (s 35) requires Aboriginal children to be placed with Aboriginal carers wherever possible.
What is issues and reform proposals?Show answer
:::mistake Common traps Treating commercial surrogacy as legal in any Australian jurisdiction. It is prohibited everywhere.
What is nSW: Surrogacy Act 2010?Show answer
Permits altruistic surrogacy. Commercial surrogacy is an offence under s 8 (maximum penalty 2 years imprisonment or $110,000 fine for an individual). Section 11 of the Act prohibits NSW residents from entering commercial surrogacy arrangements overseas; this is one of the few jurisdictions in the world with extra-territorial reach.
What is forgetting that NSW prohibits overseas commercial surrogacy?Show answer
Surrogacy Act 2010 (NSW) s 11.
What is saying same-sex couples cannot adopt in any state?Show answer
They can adopt in every Australian state and territory. :::