New South Wales Law Reform Commission
To the Honourable J R A Dowd LLB, MP,
Attorney General for New South Wales
ARTIFICIAL CONCEPTION: SURROGATE MOTHERHOOD
Dear Attorney General,
We make this Report pursuant to the reference from the late Honourable D P Landa LLB, MP Attorney General for New South Wales, to this Commission dated 5 October 1983.
Helen Gamble
(Chairman)
Eva Learner
(Commissioner)
Keith Mason QC
(Commissioner)
Susan Fleming
(Commissioner)
Terms of Reference
1. To inquire into and report on the need to make laws on:
(i) Human artificial insemination (Al).
(ii) In vitro fertilization of human ova. With human sperm (IVF) and transfer of the resulting embryo to the human uterus (ET).
(iii) Any other procedure whereby human ova may be fertilized otherwise than by sexual intercourse.
(iv) Any other procedure whereby the process of human reproduction may be commenced, continued or completed otherwise than in the body of a human female.
(v) The preservation of human ova, human sperm and human embryo outside the human body.
(vi) "Surrogate mothering" arrangements (arrangements under which a woman agrees to bear a child for another person or persons).
(vii) Any other related matter.
2. To include in its report recommendations on the extent and nature of any recommended laws.
3. In making its inquiry and report the Commission may take into account the extent that it decides is necessary or desirable:
(i) Social, ethical and legal issues related to the subjects described above.
(ii) Any form of artificial conception of a human child that it considers relevant.
(iii) The public interest and the interests of children, parents, infertile couples, and any other relevant person.
(iv) The nature of and issues raised by arrangements and agreements relating to any of the subjects described above, and to any child that may be born as a result.
(v) The legal rights and liabilities of medical and other personnel involved in such practices and other related practices.
(vi) Present laws including laws concerning children, including custody, adoption, inheritance and anti-discrimination, ownership of and dominion over human tissues, and the treatment of human infertility.
(vii) Proposals and activities in relation to the subjects described above under consideration by the Standing Committee of Attorneys General, and by any Committee or other Organisation established in Australia by a State or Territory or by the Commonwealth.
D P Landa
Attorney General and
Minister of Justice
5 October 1983
Participants
Commissioner-in-charge of Reference
Members of Artificial Conception Division
Dr Susan Fleming
Ms Helen Gamble
Eva Learner
Mr Keith Mason QC
(Mr Russell Scott was Commissioner in charge of the reference from 5 October 1983 until 17 June 1988. He did not participate in the writing of this report.)
Research Director
Research
Ian Collie
Fiona Curtis
Andrew Frazer
Gail Morgan
Leanne O'Shannessy
Juliet Potts
Word Processing
Miss Annette Boseley
Ms Joanne Keene
Mrs Nozveen Khan
Ms Sammy Madhani
Miss Rhonda Smith
Librarian
Administrative Assistance
Ms Zoya Howes
Mrs Jennifer McMahon
Miss Judith Grieves
