Jan 18, 2011

Nicolle kidman surrogacy sparks debate....

http://m.jezebel.com/5736634/nicole-kidmans-gestational-surrogacy-illegal-in-her-hometown

3 comments:

  1. This will be an interesting law to follow, but it does raise a few issues.
    This is a state law. Under the constitution, people can bring their babies home because the babies have a genetic link to one or both parents and are entitled to Australian citizenship. The law in QLD and the proposed law in NSW does not change this. Once they are home, you would need to let the State authorities know that you have had a child via commercial surrogacy, provide them with all the evidence and then there would need to be the will to prosecute you. No one is going to do that.

    The second issue which has yet to be tested out is prosecuting someone for actions’ that occurred in another country. This will be expensive and there will need to be enough political will to make this happen.

    The reality is that there have been many couples from QLD who have undertaken commercial surrogacy in the U.S, Thailand and India, no one has ever been prosecuted.Couples in Qld and from March, from NSW who start the process after this date, will either take the risk or simply move to one of the majority of States where this law does not exist for the duration of their treatment.

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  2. Chaliecat, good summation - but you don't let the state government know when you're home as all of the paperwork required is at the federal level, so the state government will potentially never know it's occurred. People in Queensland who have had babies born in the US in recent years have never found their information was passed onto other levels of government.

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