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Where am I now? Lawlink > Law Reform Commission > Publications > Forward
Discussion Paper 15 (1987) - Artificial Conception: In Vitro Fertilization
Forward
On 5 October 1983 the Attorney General referred to this Commission a number of matters that the Commission has collectively entitled Artificial Conception. The terms of reference are set out in the preliminary pages to this discussion paper. The reference arose out of previous work done by the New South Wales Advisory Committee on Human Artificial Insemination, and the Commission decided to divide its subject matter into three parts:
- human artificial insemination;
- in vitro fertilization; and
- surrogate motherhood.
As a consequence, it is envisaged that the Commission will produce three reports. These reports and the aspects of reproductive technology which they cover will be, to some extent, interconnected. Basic principles and values were formulated and accepted by the Commission as the foundation of its recommendations on human artificial insemination. These were described in a separate chapter in the report Human Artificial Insemination and, to refer to only two of them; acknowledge the paramountacy of the welfare of the child to be born and the importance of preserving individual autonomy and personal freedom. The same principles and values will underpin all the Commission's work on Artificial Conception.
The report Human Artificial Insemination was presented to the Attorney General in June 1986 and was preceded by a substantial Discussion Paper published in December 1984. The report was published by the Commission with the written consent of the Attorney General in July 1986 and tabled by him in the parliament on 28 May 1987. It was accompanied by draft legislation.
The present Discussion Paper In Vitro Fertilization is the second major discussion paper published by the Commission in the Artificial Conception Reference. Its contents are indicated by the table of contents and the summary respectively appearing on pages ..to .. and .... to ....
The opinions and tentative views expressed in this Discussion Paper are not the Commission's final views. These will be formed after taking all responses into account, and after consultation with the public and further deliberation.
The Division which has produced this Discussion Paper now comprises the following commissioners:
Mr Russell Scott (commissioner-in-charge of reference)
Ms Helen Gamble
Dr Susan Fleming
Eva Learner
During the entirety of the Commission's work on in vitro fertilization, until his resignation as a member of the Commission on 6 February 1987, Mr Keith Mason QC was a member of the Division. Since that time Mr Mason has kindly continued to participate in the Commission's work on this Paper in a consultative capacity. In addition the Hon. Justice Peter Nygh was a member of the Division until his resignation on 12th November 1986 upon his appointment as Chairman of the Family Law Council.
The Commission wishes particularly to acknowledge the outstanding contribution by way of research and written material made by its legal research consultant, Ms Fiona Curtis, and to make specific reference to the assistance it has received from legal research consultant Mr Ian Collie.
Invaluable assistance has been given to the Commission by a number of its consultants and others who are well-known experts in the field. At the Commission's offices in Sydney the Division has held separate meetings with Dr Alan Trounson, Director, Center for Early Human Development, Monash University, Melbourne, Dr Robert Jansen who is a specialist gynaecologist, head of the IVF program at Royal Prince Alfred Hospital, Sydney and a member of the Medical Research Ethics Committee, and Dr Barbara Burton, President of the Infertility Federation of Australasia. As commissioner-in-charge I have also held personal discussions on aspects of the paper with Mr Ian Johnston, Professor Carl Wood and Dr Ismail Kola. Professor R R H Lovell AO, chairman of the Medical Research Ethics Committee of the National Health and Medical Research Council visited the Commission in person to explain to a meeting of the Division the composition, functions, background and activities of the Medical Research Ethics Committee.
The Commission invites submissions on the issues raised in this Discussion Paper. All inquiries and comments should be directed to the Secretary. Submissions should reach us by 31 October 1987. Copies of this paper can be obtained from:
Mr John McMillan, Secretary
New South Wales Law Reform Commission,
Goodsell Bldg, Chifley Square,
Sydney, NSW, 2000. Tel. (02)228.7213.
[Current contact details for the Law Reform Commission]
Russell Scott
Commissioner-in-charge
June 1987
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