Western Australia: a leap into the unknown

Western Australia: a leap into the unknown

Now that it appears that the WA Nationals are supporting the Liberals, what now for family law in the West?

There are two issues which may now be up in the air:

1. The national de facto reforms

Despite the coalition senators on the Legal and Constitutional Affairs Committee recommending also that the changes come through quickly, WA has always gone by the beat of a different drum. The Commonwealth has already rejected the narrow referral of power from WA, and given that Colin Barnett has said that he will not be bullied by the Commonwealth about closing any WA school, it wouldn’t be surprising if WA decides to take a different approach to the de facto law reforms, and stymie much needed national reform.

2. Surrogacy

Despite former Attorney Phillip Ruddock calling for uniform surrogacy laws, and despite Labor getting surrogacy through WA’s Upper House (and then lapsing because of the election) watch this space to see if WA does anything about surrogacy now, and if so, what it might be.

Things to Read, Watch & Listen

Australia’s Surrogacy System is Broken — Here’s What Needs to Change

Surrogacy in Australia is at a critical crossroads. Families are increasingly forced to look overseas to start or grow their families, surrogates often find themselves without clear legal protections, and children born through surrogacy face a tangled web of legal uncertainty.

Surrogacy Nightmare: Aussie Couple Referred for Criminal Charges After Overseas Baby Journey

Surrogacy can be a beautiful path to parenthood, but it also comes with intricate legal challenges, especially when undertaken overseas. In a recent and cautionary case from Queensland, Australia, a couple’s journey to parenthood through commercial surrogacy in North Cyprus ended not with joy alone, but with legal turmoil and potential criminal charges.

NSW Surrogacy FAIL: What Lawyers Got Wrong and How to Avoid It

Surrogacy journeys should be joyous and smooth pathways to parenthood, but unfortunately, legal missteps can turn them into complex, frustrating ordeals.

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