Legal And Non Legal Response To Family Law

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An evaluation of the effectiveness of legal and non-legal responses to each issue Family law is a fundamental aspect of our legal system, seeking justice through providing protection for the family unit whilst ensuring the best interests of the child is met. The contemporary issue of Surrogacy and birth technologies is a growing concern in society in which the law must be responsive to. The federal government has been slow to pass laws relating to surrogacy issues and the courts are constrained by editing legislation. This challenge was reformed through the Surrogacy Act 2010 (NSW) that encourages parties to understand their decisions and the impact on the child. The recognition of same-sex relationships within Australia have become…show more content…
This reforming of a wide range of existing laws for same-sex couples, has acted as a catalyst in providing same-sex couples with a broader jurisdiction under family law to then achieve justice for family members and society. Non-legal responses including the lobbying activities of various groups such as the NSW Gay and Lesbian Rights Lobby which have resulted in legal recognition for same-sex couples. The Gay and Lesbian Rights Lobby has a wide ranging agenda, including advocacy, lobbying governments and the media to address discrimination, educating the gay and lesbian community on their rights. Some sections of the media have been critical of these changes and have resorted to ridicule. For example, in 2003 two radio program hosts made comments ‘capable of inciting sever ridicule of homosexual men’ and therefore were held to have breached the vilification provisions of the Anti-Discrimination Act 1977 (NSW). This demonstrates the protection of gays’ rights and the responsiveness of the legal system to resolve conflicts for same-sex couples. In 2008 the hosts’ appeal was settled, with a public apology on air and a written apology in the Sydney…show more content…
The Sydney Morning Herald recently published an article, ‘Should commercial surrogacy be legal in Australia?’ Highlighting the issue that payments to surrogates are illegal in Australia, but is allowing the practice the best choice for children and their families? The article claims that commercial surrogacy would be more beneficial for the child and that it will therefore be achieving justice for all participating members. The surrogacy statistics of Australia showed that it is 62% likely of a risk that the surrogate will keep the child when carrying the infant for a gay couple. Legalising commercial surrogacy would demonstrate to avoid issues like this arising. This highlights how non-legal mechanisms contribute to this contemporary issue in making society aware of this growing issue and therefore put pressure on governments and legal systems. This in turn will lead to reforming of laws and legislation to better protect the well-being and individual’s right within practices of surrogacy. Demonstrating efficiency and enforceability to be a major factor for surrogacy and birth

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