Australian journal of family law最新文献

The rights of donor inseminated children to know their genetic origins in Australia. 在澳大利亚，捐赠者授精儿童了解其基因起源的权利。

Australian journal of family law Pub Date : 2005-12-01

Edwina Anne Schneller

{"title":"The rights of donor inseminated children to know their genetic origins in Australia.","authors":"Edwina Anne Schneller","doi":"","DOIUrl":"","url":null,"abstract":"Twenty years after it was recognised that adopted children have rights to understand their origins, the dawn has finally broken with respect to children conceived as a result of the Assisted Reproductive Technologies (ART), specifically donor insemination (DI). Recipients and practitioners of conception technologies focus their energies and ethical deliberation on the achievement of pregnancy and the successful birth of the child. Law, in contrast, must focus beyond birth to enshrine respect for the rights of the child, who is 'not legally capable of defending [his or her] own future interests.' This article undertakes an assessment of what is in the best interests of a child using empirical studies to ground a position that should be adopted by law in Australia. This article also critically evaluates the current legal position of the various States and Territories with regards to a DI conceived child's rights to know of their form of conception; access to identifying information of their donor; at what age they may access information; the position of DI children born before existing legislation; record-keeping; and finally whether international law grants such children rights. Australian children must enjoy the right in theory and practice to know they were donor conceived and the identity of their donor. It is disappointing that New South Wales, as the most recent State to propose legislation on ART, has not utilised international empirical research on the best interests of DI children or even followed the Infertility Treatment Act 1995 (Vic) which seems to be far more progressive in recognising how best to protect the rights of DI children. The current legal position is chaotic. States and Territories should confer power on the Federal Government to legislate uniform and explicit regulation of ART for the benefit of DI children.","PeriodicalId":80605,"journal":{"name":"Australian journal of family law","volume":"19 3","pages":"222-44"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26323750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Symbiotic relationships: saviour siblings, family rights and biomedicine. 共生关系:救世主兄弟姐妹、家庭权利和生物医学。

Australian journal of family law Pub Date : 2005-12-01

Belinda Bennett

引用次数: 0

Desperately seeking donors: the 'saviour sibling' decision in Quintavalle v Human Fertilisation and Embryology Authority (UK). 拼命寻找捐赠者:昆塔瓦莱诉人类受精和胚胎学管理局(英国)案中“拯救兄弟”的决定。

Australian journal of family law Pub Date : 2005-08-01

Barbara Ann Hocking, Scott Guy

{"title":"Desperately seeking donors: the 'saviour sibling' decision in Quintavalle v Human Fertilisation and Embryology Authority (UK).","authors":"Barbara Ann Hocking, Scott Guy","doi":"","DOIUrl":"","url":null,"abstract":"The recent House of Lords decision in Quintavalle v Human Fertilisation and Embryology Authority has raised difficult and complex issues regarding the extent to which embryo selection and reproductive technology can be used as a means of rectifying genetic disorders and treating critically ill children. This comment outlines the facts of Quintavalle and explores how the House of Lords approached the legal, ethical and policy issues that arose out of the Human Fertilisation and Embryology Authority's (UK) decision to allow reproductive and embryo technology to be used to produce a 'saviour sibling' whose tissue could be used to save the life of a critically ill child. Particular attention will be given to the implications of the decision in Quintavalle for Australian family and medical law and policy. As part of this focus, the comment explores the current Australian legislative and policy framework regarding the use of genetic and reproductive technology as a mechanism through which to assist critically ill siblings. It is argued that the present Australian framework would appear to impose significant limits on the medical uses of genetic technology and, in this context, would seem to reflect many of the principles that were articulated by the House of Lords in Quintavalle.","PeriodicalId":80605,"journal":{"name":"Australian journal of family law","volume":"19 2","pages":"144-52"},"PeriodicalIF":0.0,"publicationDate":"2005-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"26380386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

An exploration of the legal and socio-ethical implications of predictive genetic testing of children. 对儿童预测性基因检测的法律和社会伦理影响的探索。

Australian journal of family law Pub Date : 2004-07-01

Margaret Otlowski

引用次数: 0

Looking backwards, looking forwards: judicial and legislative trends in the regulation of surrogate motherhood in the UK and Australia. 回顾过去，展望未来:英国和澳大利亚代孕母亲监管的司法和立法趋势。

Australian journal of family law Pub Date : 2004-04-01

Anita Stuhmcke

引用次数: 0

Where does a man stand on issues of assisted reproduction, surrogacy, artificial insemination within lesbian relationships and posthumous conception? 在辅助生殖、代孕、女同性恋关系中的人工授精和死后受孕等问题上，男性的立场是什么?

Australian journal of family law Pub Date : 2004-04-01

Penelope Beem