The contents of Part I of this paper are indicated by the Table of Contents. The tentative views and recommendations of the Commission set out in this paper appear in Part II, and are summarised below.

Chapter 5: Regulation of the Practice of IVF
There are many aspects of IVF that call for no special regulation, provided the practice of IVF is confined to the medical profession. Effective regulation of IVF and associated research may be readily accomplished without blanket licensing requirements that extend to every aspect of IVF and without restricting the practice of every aspect of IVF to particular kinds of institution (paras 5.15, S.16 and 5.17).

Chapter 6: IVF Services - Availability and Eligibility
The question of eligibility for IVF and acceptance of patients for treatment should be a matter for professional determination by medical experts within a framework of legislative guidelines. Assistance in decision-making may be given by way of principles expressed in legislation. Considerations such as the welfare of the child and the notion of IVF as a medical treatment for infertility may provide grounds by which unrestricted access to IVF services is not acceptable (paras 6.8, 6.9, 6.10 and 6.11).

Chapter 7: Donation and Storage of Reproductive Tissues
Legislation in New South Wales should provide that a woman who bears a child by means of artificial conception and who intends to raise the child should be conclusively presumed to be the child's mother. With regard to posthumous use of stored reproductive tissues, it would seem reasonable for the law to provide that a stored conceptus should not be regarded as the child of the testator or testatrix for the purposes of inheritance unless specific provision about it is made in a will. Legislation should be enacted to provide that a clinic has power to determine use, storage and disposal of reproductive tissues donated to it. This would not alter the ability of a woman and a man to make an agreement setting out terms applicable to their gamete donation (paras 7.6, 7.7, 7.9, 7.10, 7.14, 7.18 and 7.22).

Chapter 8: Research, Experimentation and IVF
There is reason to believe that resolution of the research issue will either allow the continuation of the practice of IVF, or bring about its cessation. We believe no persuasive reason exists to restrict or prohibit research on the IVF embryo entirely. We consider that the community would tolerate properly-conducted research on the IVF embryo subject to certain time limits and provided that it could be confident that other reasonable constraints and procedures would also exist by way of accountability, supervision and record-keeping (paras 8.2, 8.21, 8.37-8.51, 8.56-8.58).

Chapter 9: Creating and Keeping IVF Records
Recorded non-identifying information may be divulged by a record keeper to any person showing “good cause” why he or she should have access to such information. No legal right should be created in favour of an IVF child or any other person for access to identifying information about an IVF donor or any other party to IVF. However, information about the parties to IVF should be retained. There should be no fixed time limit for retention of records. Recorded information should be kept indefinitely, but a procedure should be provided whereby a record keeper may apply for permission or authority to dispose of records or transfer them to an acceptable custodian. No action should be taken to create or impose by legislation an obligation or duty on the part of a record keeper who acquires hitherto unknown information about a genetic or transmissible disease in any of the parties to an IVF procedure to advise the parties that their health may be at risk (paras 9.3, 9.7-9.lS, 9.24-9.27).

Chapter 10: Consents, Counselling and Legal Liability
As a matter of good medical practice, written consents should be obtained from the parties to IVF and the development of standard forms of consent should be encouraged. However, specific legislation is not needed to regulate consent procedures-, common law principles and sound medical practice should provide adequate protection. While we agree that counselling should be an essential part of IVF practice, the Commission believes that counselling is a process which should not be made compulsory by legislation. No action need be taken to enact legislation imposing strict legal liability upon medical personnel or parents to pay compensation for damages or injury resulting from the IVF procedure. The law in this area is best left to the courts for determination. However, we believe that a specific statutory offence should be created for the supply of false or misleading personal information by a semen or ovum donor (paras 10.4, 10.6, 10.7, 10.10, 10.13, 10.23, 10.27, 10.29).

Chapter 11: An Advisory Committee
The Commission tentatively proposes the creation of a state advisory committee with multidisciplinary membership. An advantage of a state committee is that it is more accessible and responsive to the needs of local community groups than a national body. If the creation of a national advisory body becomes feasible we would see the state committee as continuing to perform its functions but, in addition, complementing and cooperating with the national body.

We believe that the purpose of the proposed committee should be primarily to inform the public and to assist IVF practitioners and researchers in decisions relating to the acceptability of their practices and proposals. The committee would have no executive powers. The brief of the proposed committee should be wider than IVF and the new birth technologies and should encompass all biomedical developments (paras 11.19, 11.22, 11.24 and 11.25).