Queensland ART Submission
Dear Reader
I welcome the opportunity, albeit very tightly proscribed, in which to make a submission as to the proposed regulation of ART services in Queensland.
RESPONSES TO QUESTIONS IN THE CONSULTATION PAPER
- If ART legislation is introduced in Queensland, what should the Act’s guiding principles be?
Response:
The paramount concern should be that of the best interests of any resultant child. The words of s.4A ART Act 1988 (SA) are apt:
“The welfare of any child to be born as a consequence of the provision of assisted reproductive treatment in accordance with this Act must be treated as being of paramount importance, and accepted as a fundamental principle, in respect of the operation of this Act.”
Subject to that paramount concern, then a reworking of the objects of s.3 of the ART Act 2007 (NSW) and, as relevant, s.6(2)(d) of the Surrogacy Act 2010 (Qld) and s.7(1)(a) of the Surrogacy Act 2019 (SA), are appropriate:
“Subject to the paramount concern, the objects of this Act are:
(a) to prevent the commercialisation of human reproduction, and (b) to protect the interests and human rights of the following persons:
- a person born as a result of assisted reproductive treatment, and
- a person providing a gamete for use in assisted reproductive treatment or for research in connection with assisted reproductive treatment, and
- a person undergoing assisted reproductive treatment, and
(c) the autonomy of consenting adults in their private lives should be respected.”
Click the link below to read Stephen’s Submission to the QLD Government.
