Family Law Issues: Birth Technology In Australia

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Family Law Issues Birth Technology There are many issues in relation to Birth technology that have arisen in today’s society. Areas in the questioning of ‘who is the mother’, ‘who is the father’ and the rights of children have all lead to changes in the law, case law and the interference of the media. The mother, under common law, is the woman who gives birth to the child. Technology involving conception has enabled children to be created in circumstances where it can no longer be presumed who the biological parents are. Techniques have been refined over the past twenty years in Australia to the point where it is common practice to use some methods such as the use of donated sperm in artificial insemination,…show more content…
The presumption of paternity is automatic and irrefutable. The Family Law Act 1975 (Cwlth), was amended to legitimise a child conceived by either AI or IVF. The Status of Children Act 1996 (NSW) states that when a woman becomes pregnant by using a donor’s sperm from someone other than her husband, then that man is presumed NOT to be the father of the child born. Even if the donor’s name appears on the birth certificate, legislation states that he cannot be the parent. The Family Court held that in B v J 1996 (NSW), child support did not need to be paid by a sperm donor, even if listed on the birth certificate. The Status of Children Act 1996 (NSW) allows children to have the identity of their father determined by blood tests. An article from the Sydney Morning Herald stating Bill’s story: a search for true identity explains that many ‘offspring’s of donor insemination are beginning to speak out with some painful stories’, indicating that many children have been scarred to know that they were “not their dad’s biological…show more content…
Also, under the Human Tissue Act 1983 (NSW) hospital must contact the ‘senior next of kin’ for approval to use donated organs. Amendments to this Act has enabled the inclusions of same sex partners as the ‘senior next of kin’ if cohabitation has been occurring. Additionally, under Wills, Probate and Administration Act 1898 (NSW) a same sex partner is allowed to make burial arrangements for the deceased partner. Since 1977, same sex partners have been able to be compensated, up to $50 000 for death of their partner as a consequence of an act of violence. This occurred when Victims Support and Rehabilitation Act 1996 (NSW) was amended to broaden definition of ‘family victim’. There has been growing case law in the area of same sex relationship. In R v McEwen 1996 Robert McEwen used ‘battered woman syndrome’ as a defence for killing Thomas Hodgson. The court recognised that ‘battered woman syndrome’ could apply to same sex relationship. In the case of W v G 1994 Judge (Justice Hodgson) made a lesbian partner pay child maintenance of $150 000 for 2 children that were born via Artificial Insemination by her partner. Judge found that W had initiated the pregnancies but that G was involved in the treating of the relationship as a
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