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An Issue that is not Going Away: Recent Developments in Surrogacy in South Australia

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  1. 1.

    See Parentage Act 2004 (ACT), s 43; Surrogacy Act 2010 (NSW), s 10; Surrogacy Act 2010 (Qld), s 56; Surrogacy Act 2012 (Tas), s 41; Assisted Reproductive Treatment Act 2008 (Vic), s 45. The removal of these offences was recently recommended by Statutory Reviews in New South Wales and Victoria, see (Gordon 2019, 135−137; Department of Justice New South Wales 2018, 18−19 [3.61]-[3.67]).

  2. 2.

    There have been more since then, see (Department of Justice New South Wales 2018; Gordon 2019; Allan 2019).


  1. Allan, S. 2019. The review of the Western Australian Human Reproductive Technology Act 1991 and the Surrogacy Act 2008: Report Part 2. Government of Western Australia Department of Health, January 2019. Accessed November 18, 2019.

  2. Department of Justice New South Wales. 2018. Statutory review: Surrogacy Act 2010. Parliament of New South Wales. July 2018. Accessed November 18, 2019.

  3. Gordon, M. 2019. Helping Victorians create families with assisted reproductive technology. Department of Health and Human Services State Government of Victoria. May 2019. Accessed November 18, 2019.

  4. House of Representatives Standing Committee on Social Policy and Legal Affairs. 2016. Inquiry into surrogacy. Parliament of Australia. May 2016. Accessed November 18, 2019.

  5. Ireland, J. 2014. Tony Abbott says the case of baby Gammy is a “tragic situation.” Sydney Morning Herald, August 5.­news/tony-abbott-says-the-case-of-baby-gam my-is-a-tragic-situation-2014080 5-3d6 fb. htm I. Accessed November 18, 2019.

  6. Plater, D., M. Thompson, S. Moulds, J. Williams and A. Brunacci. 2018. Surrogacy a legislative framework: A review of Part 2B of the Family Relationships Act 1975 (SA). South Australian Law Reform Institute. October 2018. Accessed November 18, 2019.

  7. Triggs, G. 2015. Foreword. In Surrogacy, law and human rights, edited by P. Gerber and K. O’Byrne, xi. Location: Routledge.

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Correspondence to Madeleine Thompson.

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Thompson, M., Plater, D. An Issue that is not Going Away: Recent Developments in Surrogacy in South Australia. Bioethical Inquiry 16, 477–481 (2019).

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  • Surrogacy
  • Law reform
  • Parentage