Commercial Surrogacy - Essay

LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
PART A...........................................................................................................................................1
Defining NSW statutory provision prohibiting commercial surrogacy.......................................1
Indicating when it was enacted....................................................................................................2
Other provision replacing it.........................................................................................................2
Research strategy.........................................................................................................................2
PART B...........................................................................................................................................2
Second reading speech for the Bill..............................................................................................2
Relevant rules of statutory interpretation and impact of provision.............................................3
PART C...........................................................................................................................................4
Identifaction and location of selected sources and importance of each one of them...................4
Summarising, analysing and evalutaion of arguments in both articles.......................................5
REFERNCES...................................................................................................................................6

INTRODUCTION
Commercial surrogacy is the agreement between surrogate mother and the other person to
be able to compensate for service which she will be giving to the other of medical
reimbursement. There is also alternate to this type of surrogacy within which surrogate mother
would be carrying baby without receiving any kind of monetary compensation and it is called to
as altruistic surrogacy. So within Australia except the Northern Territory (which is not having
any regulation to govern it) this commercial surrogacy is criminal offences. In this essay
discussion will be made on provisions governing the prohibiting of commercial surrogacy within
New South Wales. Furthermore, interpretation will be done on these provisions including second
reading speech for the Bill of Surrogacy 2010.
PART A
Defining NSW statutory provision prohibiting commercial surrogacy
The Northern Territory of Australia is not having any clear provision regarding
commercial surrogacy which includes parts like that of New South Wales, Queensland and
Australian Capital1. All these parts are not allow to enter into international commercial surrogacy
which is having potential penalties like that of 1-3 years of imprisonment. Within the area of
New South Wales and Queensland in year 2010 altruistic surrogacy was made legal but only to
opposite sex. Surrogacy Bill of 2010 which is governing NSW will be having 6 Parts with
having various divisions or clause all of them would be including prohibition or penalties
regarding these.
Clause 8 of Surrogacy Bill of 2010 is making it clear offence in entering into any
commercial surrogacy agreement with having imprisonment of at least 2 years and penalty of
1000-2500 units. While the Clause 9 of Bill will be including definition of commercial surrogacy
agreement which is including if there is any provision of fee or compensation to birth mother and
if she is agreeing to enter into this arrangement.
The Clause 10 of bill is including prohibition to any person who is willing to enter into
the agreement of commercial surrogacy and making it any kind of adverstiment or statement
1 Surrogacy Act 2010 No 102. 2018. [Online]. Accessed through:
<https://www.legislation.nsw.gov.au/acts/2010-102.pdf >
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