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Birth technologies and surrogacy have caused much controversy since their evolution into mainstream society, about 20 years ago. Birth technologies is the term used to describe the range of medical treatments available to assist a couple to conceive. Current treatments for infertility include, artificial insemination, fertility drugs and assisted reproductive technologies, known as ART. Another common choice for couples that are unable to conceive is surrogacy, this is where a women agrees to become pregnant and bear a child on behalf of another couple and when the child is born be given to the couple for adoption. The surrogate mother may use the sperm and or the ova of the childless couple, through such procedures as IVF. Law in the area of birth technologies is a matter for state governments in Australia though many argue that there should be uniform laws across Australia. In 1988 the National Bioethics Consultative Committee was set up to advise state and federal governments about such technology. The Artificial Conception Act 1984 was passed in NSW, to deal with some of the legal problems that had arisen from these new technologies. This act is the only one in NSW, which addresses these issues, and it is out dated and not very comprehensive. It is suggested that new ART laws be introduced into NSW, but this has not yet been addressed. As a result of this limited legislative control, many of the issues that arise in relation to ART are dealt with by ethics committees, which are attached to each IVF clinic in NSW. Such legal and moral issues that arise include, but are not limited to. Who are the child’s legal parents? If the sperm or ova or both have been donated to the couple the question arises as to who is the subsequent child’s legal father and mother. The Status Of The Child Act 1996 NSW states that the social father, or the man that acts as a father of the child, is the legal father. The sperm donor is not the legal father of the child unless he acts as the social father of the child as well.
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