❓ Hon Maryka Groenewald questioned the Health Minister on the evidence and safeguards considered for recent surrogacy reforms allowing first-time mothers and 18-year-olds to be surrogates, particularly regarding increased obstetric risks. The Minister's representative cited the Sonia Allan review and the new Act's safeguards, including medical certification, informed consent, and mandatory counselling.
AnsweredQoN 410Legislative Council
QuestionView source ↗
Assisted Reproductive Technology
and Surrogacy Act410.Hon Maryka Groenewaldto theparliamentary
secretary representing the Minister for Health:I refer to the
recent surrogacy reforms that remove the requirement for a surrogate to have
previously given birth and permits women as young as 18 years old to act as
surrogates.(1) What evidence has the government
considered regarding the increased obstetric risks associated with first-time
pregnancy when it decided to allow first-time mothers to act as surrogates?(2) What specific safeguards will protect
first-time pregnant surrogates, particularly women aged 18 to 24, from elevated
medical risks under these new arrangements?
and Surrogacy Act410.Hon Maryka Groenewaldto theparliamentary
secretary representing the Minister for Health:I refer to the
recent surrogacy reforms that remove the requirement for a surrogate to have
previously given birth and permits women as young as 18 years old to act as
surrogates.(1) What evidence has the government
considered regarding the increased obstetric risks associated with first-time
pregnancy when it decided to allow first-time mothers to act as surrogates?(2) What specific safeguards will protect
first-time pregnant surrogates, particularly women aged 18 to 24, from elevated
medical risks under these new arrangements?
AnswerView source ↗
I thank the
honourable member for some notice of the question. The following answer has
been provided by the Minister for Health.
(1) The Sonia Allan review considered the
issue in detail. Consideration of several Australian state reviews and
submissions found that having had a previous live birth did not guarantee the
way that a planned pregnancy would progress, including the obstetric risk for
first-time mothers.
(2) The Ministerial Expert Panel, which
included experts in obstetrics and gynaecology, reproductive medicine, law and
research recommended that a medical practitioner must determine and certify that
an assisted reproductive technology procedure is appropriate for the surrogate,
taking into consideration all health and medical risks. The Assisted Reproductive Technology and Surrogacy Act 2025 contains several safeguards that protect all persons who become pregnant,
including surrogates. The act requires a medical practitioner to certify that
the assisted reproductive technology procedure is appropriate for the
surrogate, taking into consideration all health and medical risks of the
pregnancy for that person. The act requires that informed consent is obtained
from all parties. For informed consent to be obtained, risks of treatment must
be discussed. The act provides the head of power for regulations to specify
that counselling is mandatory for all parties to a surrogacy arrangement. Other
safeguards in the act include the requirement for the surrogate to obtain independent
legal advice and to remain the legal parent of the child born until parentage
is transferred. In addition to the specific safeguards, medical practitioners
are responsible for their professional conduct, ensuring patient safety and
providing care that is appropriate and effective for all patients, including
first-time pregnant surrogates.
The President: Honourable member, I will just take
this opportunity to remind you of standing order 106. You may wish to convey
that to your minister and the agencies in their preparation of the response.
honourable member for some notice of the question. The following answer has
been provided by the Minister for Health.
(1) The Sonia Allan review considered the
issue in detail. Consideration of several Australian state reviews and
submissions found that having had a previous live birth did not guarantee the
way that a planned pregnancy would progress, including the obstetric risk for
first-time mothers.
(2) The Ministerial Expert Panel, which
included experts in obstetrics and gynaecology, reproductive medicine, law and
research recommended that a medical practitioner must determine and certify that
an assisted reproductive technology procedure is appropriate for the surrogate,
taking into consideration all health and medical risks. The Assisted Reproductive Technology and Surrogacy Act 2025 contains several safeguards that protect all persons who become pregnant,
including surrogates. The act requires a medical practitioner to certify that
the assisted reproductive technology procedure is appropriate for the
surrogate, taking into consideration all health and medical risks of the
pregnancy for that person. The act requires that informed consent is obtained
from all parties. For informed consent to be obtained, risks of treatment must
be discussed. The act provides the head of power for regulations to specify
that counselling is mandatory for all parties to a surrogacy arrangement. Other
safeguards in the act include the requirement for the surrogate to obtain independent
legal advice and to remain the legal parent of the child born until parentage
is transferred. In addition to the specific safeguards, medical practitioners
are responsible for their professional conduct, ensuring patient safety and
providing care that is appropriate and effective for all patients, including
first-time pregnant surrogates.
The President: Honourable member, I will just take
this opportunity to remind you of standing order 106. You may wish to convey
that to your minister and the agencies in their preparation of the response.
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