It’s illegal to create a part-pig/part-human embryo in Australia

It’s illegal to create a part-pig/part-human embryo in Australia

From the US comes news that a part-pig, part-human embryo has been created, apparently in the name of  medical research.

Back in 2002, our various Governments got together and decided that it would be an offence to do this type of research here. It was considered to be beyond the pale. The Federal Parliament under the Howard Government then passed the Prohibition of Human Cloning by Reproduction Act 2002, which sets out a whole series of offences to do with embryos, including the creation of a chimeric embryo such as this. This offence attracts a maximum penalty of 15 years imprisonment. OUCH!

As part of a national scheme, all the States and the ACT also passed matching State and ACT legislation. The Federal Act unusually allows them to sit side by side. The usual rule under the Constititution is that Federal law overrides State law to the extent of any inconsistency. Therefore (except in the NT where they rely on just the Federal law), any researcher undertaking this research could find themselves under the double whammy of a prosecution under Federal law of up to 15 years, and up to 15 years under State law, such as the Human Cloning for Reproduction and Other Prohibited Practices Act 2003  (NSW).

And just there is no confusion about it- if the embryo is deemed to be a hybrid embryo, not a chimeric one, then THAT is an offence attracting up to 15 years jail under both laws.

It’s the same legislation that makes it an offence to pay an egg, sperm or embryo donor anything other than their reasonable expenses, punishable by up to 15 years jail.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Sri Lanka surrogacy: what Australian intended parents must know

Sri Lanka is an often overlooked overseas surrogacy destination for Australians, particularly for people with a genuine connection to the country. It can offer comparatively low IVF and legal costs, prompt surrogate matching and a practical pathway to parentage recognition. However, it also comes with strict eligibility requirements and important Australian legal, citizenship and criminal… Read More »Sri Lanka surrogacy: what Australian intended parents must know

Overseas surrogacy births are 4 times that of domestic surrogacy births

When talking to colleagues, judges and policymakers, it is assumed that the norm of Australian surrogacy is that of domestic surrogacy births. However, as the most recent figures demonstrate, yet again, domestic surrogacy births are the exception. The norm remains that of Australian children being born through surrogacy overseas. That norm and the exception have… Read More »Overseas surrogacy births are 4 times that of domestic surrogacy births

Why is male fertility declining? Experts weigh in

Male fertility decline has become one of the most important and unsettling questions in reproductive medicine. There appears to have been a clear decline in sperm quality over the past 50 years, but the difficult truth is that there is no single, settled explanation. That was one of the central messages delivered by United States… Read More »Why is male fertility declining? Experts weigh in

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board