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Where am I now? Lawlink > Law Reform Commission > Publications > Terms of Reference

Discussion Paper 11 (1984) - Artificial Conception: Human Artificial Insemination

Terms of Reference

History of this Reference (Digest)
Link to Report


On 5 October 1983, the Attorney-General of New South Wales, the Hon. D.P. Landa, LLB., M.P., made the following reference to the Commission:

1. To inquire into and report on the need to make laws on:
    (i) Human artificial insemination (AI).
    (ii) In vitro fertilisation 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 fertilised 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 to 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.

  


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