Cross-border surrogacy agreements
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This article investigates the application of Australian law regulating surrogacy in international and intra-Australian contexts. Altruistic surrogacy is diversely regulated by the states and territories, raising the issue of the interaction of those laws in intranational cases. Commercial surrogacy is prohibited in Australia, but is permitted in other countries. An increasing number of Australians exploit this difference by entering into commercial surrogacy agreements overseas, raising the question of the effect of such agreements in Australia. This article suggests that the well-meaning regulation of altruistic surrogacy and criminalisation of commercial surrogacy within Australia is likely to be ineffective in cross-border situations. Accordingly, it suggests reforms to the Australian law and endorses multilateral cooperation to respond more effectively to the issues that arise in cross-border surrogacy arrangements.
Australian Journal of Family Law
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Conflict of Laws (Private International Law)