Sharon Claydon (Newcastle, Australian Labor Party) Share this | Hansard source

by leave—I thank the Chair of the House of Representatives Standing Committee on Social Policy and Legal Affairs, the member for Dawson, for his comments and for tabling this report into the regulatory and legislative aspects of international and domestic surrogacy arrangements. As the chair commented, we are an unlikely couple in this parliament and we have probably spent far more time together during this parliament than anyone would have imagined. It has led to robust and frank discussions around the table and I think the committee has been able to table some very good reports to the parliament.

As deputy chair, I would like to make a few additional comments and I will try to pick up on some of the areas that the chair did not touch on. This inquiry has traversed some really difficult terrain over the last 12 months. The inquiry was born from a sole recommendation of the committee's previous report, which followed a roundtable on surrogacy, tabled in this House in March last year. I too, at the start, give my sincere thanks to the committee secretariat, who have worked so diligently not just on this inquiry but throughout the course of this parliament. We are privileged to have access to people with tremendous research skills and a great depth of knowledge, and they have helped us to pull together the best reports that we possibly can. Given the breadth of the inquiries this committee takes on, the committee has to work tremendously hard to make sure that all of those inquiries, all of the hearings, run as smoothly as they do.

As the chair mentioned, this inquiry received 124 submissions. We held six public hearings here in Canberra. We were able to hear from the key witnesses in this area, which included government organisations, academics, judges, private individuals and families who detailed their lived experience of international and domestic surrogacy arrangements. I especially want to thank those people who gave evidence as intending parents, surrogate mothers, relinquishing mothers, donor conceived children and adoptees. Your willingness to share very personal, intimate details of your lives and those of your families, friends and loved ones was both generous and extraordinary. The committee remains deeply indebted to you for your unique insights.

International and domestic surrogacy arrangements are deeply complex matters that raise important legal and ethical considerations. The diverse nature of the legislative framework that regulates surrogacy in Australia introduces new complexities, while, in my view, all the time failing to keep pace with advances in reproductive technology and the rapidly growing trend of Australians travelling overseas for surrogacy. The need for reform of Australian law is clear, and this report makes recommendations that go at least some way to addressing existing problems.

It is important to note at the outset that this report does not recommend any change to the current prohibition of commercial surrogacy in Australia. While this will reassure some Australians, I know that it will also disappoint many others who gave evidence throughout the inquiry in favour of a well-regulated system of commercial surrogacy in Australia. The Chief Justice of the Family Court of Australia, Diana Bryant, for example, argued:

If we want to regulate international surrogacy in some way—that is, regulate who can bring children into Australia and require them to be compliant with certain requirements—then I am inclined to think that we also should have some capacity for commercial surrogacy in Australia; otherwise we are being a little inconsistent.

She added:

I do think it is somewhat hypocritical of us … to say, 'On ethical grounds we don't allow commercial surrogacy' when we allow our citizens to go offshore and engage in commercial surrogacy and bring children back here.

I agree—and I have little doubt that this is an issue that the Australian parliament will be revisiting in the future.

Australia currently accounts for 25 per cent of global commercial surrogacy arrangements. That equates to about 1,000 babies per year, yet we have no legislative framework to properly regulate this practice. This is not, in my view, a sustainable position. When it comes to our domestic arrangements, the disparity in legislative regimes around Australia adds additional layers of complexity, resulting in a range of inequities. That is why the committee has recommended the development of a model national law to facilitate surrogacy arrangements in Australia.

We agree with the Australian Human Rights Commission that any such law must be guided by key principles to ensure that the best interests of the child are protected, the surrogate mother is able to make free and informed decisions without exploitation and that there is clarity around parent-child relationships. Importantly, the committee notes that all legislation in this area must be non-discriminatory. We cannot have surrogacy laws that discriminate on the basis of sexual orientation, gender identity, intersex status, marital status or sexuality. Future laws should also allow for adequate compensation for the birth mother—covering legal, medical and other expenses incurred as a consequence of the surrogacy—with further consideration given to the possibility of additional compensation for the 'burden and risk' faced by the birth mother.

Significantly, the committee also recommends that an audit be undertaken of all surrogacy destination countries to assess the extent to which surrogacy practices in these countries meet the requirements laid out clearly in the report and detailed in recommendation 3, which go to supporting the human rights of children and birth parents so that they remain free of exploitation.

The report also includes important recommendations regarding birth certificates of children born through surrogacy, the provisioning of comprehensive Australian government advice and information on surrogacy arrangements and the development of a regulatory platform for Australian citizens who undertake international commercial surrogacy. There is much work to be done, but this report is indeed a good start. I commend the report to the House.

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