Quick questions on Contemporary issues in family law: surrogacy and same-sex parenting

6short 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 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 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.

Have a question we have not covered?

This dot-point answer is short enough that we have not extracted many short questions yet. Read the full dot-point answer or ask Mo, our study assistant, in the chat for follow ups.