A Brisbane judge has made what is believed to be a world-first ruling on conception that will have a significant impact on Queensland parents who have children through surrogacy.
The decision, made by Brisbane Children’s Court judge Leanne Clare on Wednesday, ruled conception only occurred when a fertilised egg was implanted in a woman’s womb – that is, the moment of pregnancy – rather than at the moment the egg was fertilised.
“The point of conceiving a child is the commencement of the pregnancy, which involves an active process within a woman’s body.”
While the ruling has no impact on birth through natural conception, it has a major impact on surrogate parents and those with children born after in-vitro fertilisation programs.
The ruling will stop disputes in parenting orders when couples seek to have a child through a surrogacy arrangement.
Under Queensland and New South Wales surrogacy legislation, surrogacy arrangements – where the birth mother assigns parenthood to the surrogate parents – must be signed before a child is ”conceived’’. Read full article.
