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This article examines the United Kingdom Supreme Court decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14. The case centred on whether damages could be awarded for the cost of a commercial surrogacy arrangement in California, following clinical negligence by the hospital that left the plaintiff unable to carry her own children. After examination of this case, the article outlines and compares the United Kingdom and Australian surrogacy laws. It then discusses how a similar case would be decided in Australia and argues that the result would be the same in some Australian States. It also discusses the concept of reproductive autonomy and the importance of this concept when considering cases involving the loss of fertility. [ABSTRACT FROM AUTHOR]

The social evolution of the concept of "the family" and changes in attitudes towards homosexual couples have expanded the range of people permitted to gain access to assisted reproduction technologies, encouraging the creation of blended families. "Reception of Oocytes from Partner" (ROPA) is a treatment that permits female couples to become active participants in the reproductive process and have a biological connection to their child. This article reports a case of transnational shared motherhood, in which the Italian Supreme Court (Application no 19599, Supreme Court of Cassation, First Civil Chamber, 2016), dealt for the first time with a same-sex couple's request concerning the recognition of a legal child-relationship with a child conceived through in vitro fertilisation with ROPA. Although Italian law bans assisted reproduction technologies for same-sex couples, the Court acceded to the request of the couple on the basis of its evaluation of what was in the best interests of the child. [ABSTRACT FROM AUTHOR]

This article adopts a child-centred approach to the vexed issue of commercial surrogacy. These arrangements are prohibited throughout Australia. Nevertheless, Australians are travelling overseas and entering into commercial surrogacy arrangements. This article addresses the dilemma confronting the Family Courts when the commissioning parents and the child return to Australia. Should the Family Courts make parenting orders enabling the commissioning parents to raise the child? Alternatively, should they make parentage orders legally recognising the commissioning parents as the child's parents? After exploring the existing legislative structure and its application, the interest theory of children's rights is utilised to justify changes to the law so that the commissioning parents are regarded as the child's legal parents. [ABSTRACT FROM AUTHOR]

The criminal ban on commercial surrogacy across Australian jurisdictions is the result of the conflation and confusion of two flawed assumptions. The first being that the criminalisation of commercial surrogacy will discourage a surrogacy "industry" and the second that commercial surrogacy and altruistic surrogacy are two distinguishable "types" of surrogacy arrangements. This article argues that the criminalisation of commercial surrogacy has resulted in unforeseen and undesirable consequences, removing opportunity for evidence-based law reform. Moreover, analysis of both the approach of Australian courts and the operation of surrogacy legislation suggests that the binary regulatory approach which distinguishes "commercial" from "altruistic" surrogacy is a legal fiction. In summary, this article argues that the current Australian regulation of surrogacy is both blunt and ineffectual, surrogacy is a nuanced and complex practice which requires a regulatory response which is principled, holistic and evidence based. [ABSTRACT FROM AUTHOR]

The article discusses barriers for domestic surrogacy and various challenges associated with transnational surrogacy, focusing on cross-border travel for reproductive services and Australians who undertake surrogacy efforts in India. The legal rights of parties such as gamete and embryo donors, surrogates, and commissioning parents are addressed in relation to the transfer of gametes or embryos between different nations. Infertility and the surrogacy laws in Australia and India are examined.

The article focuses on the legal, social, and ethical issues that are considered in the creation of surrogacy laws. Topics include the legal framework governing surrogacy arrangements, the difference between commercial and altruistic surrogacy, and the ethical questions involved in surrogacy. Information is provided on ethical law-making.

An introduction to the journal is presented on various topics such as developments of assisted reproductive technology and its extension into commercial surrogacy, United Nations Convention on the Rights of the Child, and role of fertility clinics.