Qld: Same-sex surrogacy laws "unfathomable" - Langbroek

AAP General News (Australia)
08-18-2009
Qld: Same-sex surrogacy laws "unfathomable" - Langbroek

By Gabrielle Dunlevy

BRISBANE, Aug 18 AAP - Laws to decriminalise surrogacy in Queensland could be defeated
if the government does not exclude same-sex couples, the opposition says.

Premier Anna Bligh on Tuesday released a model for legal surrogacy in Queensland which
is the only Australian state where altruistic surrogacy - where no money changes hands
- is still illegal.

It comes at the same time as the government released a review paper into the legal
status of children cared for by same-sex parents.

The review raises the issue of female same-sex couples becoming parents without a surrogate,
for example through IVF.

To give their children legal certainty, the government will also amend the Status of
Children Act 1978, in order to legally recognise both mothers as parents.

Ms Bligh, who will give her MPs a conscience vote, said it was an important step in
modernising the state, and giving children equal rights regardless of how they were conceived.

But Opposition Leader John-Paul Langbroek said the premier had put in jeopardy the
chance for heterosexual couples to start a family, by not excluding same-sex couples from
the laws.

Mr Langbroek warned the premier the bill would likely be defeated in its current form.

"I feel sorry for mums and dads who want to have a baby and through altruistic surrogacy,
may be able to have one," he told reporters.

"But to tie it to gay parenting is something that is completely unfathomable and I
call on the government to decouple these two aspects of the bill because the premier runs
the risk of the bill being defeated because of the two issues being connected."

Mr Langbroek said the bill would go to the party room for discussion and a decision
on whether it would be subject to a conscience vote.

Under the model proposed, couples will be able to apply to a court to transfer the
legal parentage of a child from the birth parents to themselves.

The couple will be able to use any conception method and will not be required to have
a genetic connection to the child or with their surrogate.

Commercial surrogacy and advertising for surrogacy births would remain illegal, but
the birth mother could be reimbursed for hospital and other expenses.

Ms Bligh said she expected the majority of her caucus would support all aspects of
the move, after the review of children with same-sex parents found the state was "out
of step".

"These are laws that some people may find difficult to accept but it is about protecting
children, no matter what circumstances they are born into," she said.

"Children who are born into arrangements secured through surrogacy, children who are
born to same-sex couples, deserve the same legal certainty as every other child."

The model also acts as a two-year amnesty for people who have engaged an illegal surrogate
in the past.

But the government does not expect a large number of people to take advantage of it,
given the serious commitment required by surrogates.

The model is available for public discussion until September 18, ahead of the legislation
being introduced to parliament by the year's end.

AAP gd/pjo/dep/de

KEYWORD: SURROGACY WRAP

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