Difference between revisions of "Australia"

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|image_flag=Australia-flag.jpg
 
|image_flag=Australia-flag.jpg
 
|Region=Oceania
 
|Region=Oceania
|Population=21,260,000
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|Population=21260000
 
|GDP=908,826
 
|GDP=908,826
 
|Eggs for assisted reproduction=commercial prohibited
 
|Eggs for assisted reproduction=commercial prohibited
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|Reproductive cloning=PROHIBITED
 
|Reproductive cloning=PROHIBITED
 
|Research cloning=regulated
 
|Research cloning=regulated
|Sex selection=social uses prohibited
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|Sex selection=Social uses prohibited
 
|Surrogacy=commercial prohibited; unrecognized
 
|Surrogacy=commercial prohibited; unrecognized
 +
|European Union=
 
|Organisation for Economic Co-operation and Development=Member
 
|Organisation for Economic Co-operation and Development=Member
 +
|Council of Europe=
 
|1997 COE Biomedicine Convention=n/a
 
|1997 COE Biomedicine Convention=n/a
 
|1998 COE Cloning Convention=n/a
 
|1998 COE Cloning Convention=n/a
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|2005 UNESCO Sports Doping Convention=RATIFIED
 
|2005 UNESCO Sports Doping Convention=RATIFIED
 
|Treaty of Lisbon=n/a
 
|Treaty of Lisbon=n/a
|Introduction=Governance in Australia is federalized, with significant power distributed to its states and territories, and policies addressing human genetic and reproductive technology are made at both federal and state levels.
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|Introduction=Governance in Australia is federalized, with significant power distributed to its states and territories to legislate upon certain matters. Laws addressing research involving human embryos and cloning exist at both federal and state levels. National guidelines exist in relation to assisted reproductive technologies. Regulation of surrogacy and assisted reproduction falls to the states.
|Key laws and policies=* [http://www.comlaw.gov.au/ComLaw/Legislation/Act1.nsf/0/71AC9EAE45677788CA2572440012F18A/$file/1722006.pdf Prohibition of Human Cloning for Reproduction and the Regulation of Human Embryo Research Amendment Bill] (2006, in force June 12, 2007)<ref name=nhmrc>For a summary, see National Health and Medical Research Council, "[http://www.nhmrc.gov.au/embryos/stemcells/patterson.htm Stem Cells, Cloning and Related Issues]," accessed June 23, 2008</ref>
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|Key laws and policies=* Prohibitions on human cloning for reproductive purposes Act 2002 (Cth)
 +
* Research involving human embryos Act 2002 (Cth)
 +
 
 
* National Health and Medical Research Council, [http://www.nhmrc.gov.au/publications/synopses/e72syn.htm National Statement on Ethical Conduct in Human Research] (2007)
 
* National Health and Medical Research Council, [http://www.nhmrc.gov.au/publications/synopses/e72syn.htm National Statement on Ethical Conduct in Human Research] (2007)
 
* National Health and Medical Research Council, [http://www.nhmrc.gov.au/publications/synopses/_files/e56.pdf Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research] (September 2004)
 
* National Health and Medical Research Council, [http://www.nhmrc.gov.au/publications/synopses/_files/e56.pdf Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research] (September 2004)
|Prohibited practices=Federal legislation in Australia bans reproductive cloning and inheritable genetic modification.   
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|Foundational values=
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|Prohibited practices=Federal legislation in Australia bans reproductive cloning and inheritable genetic modification, but extends only so far as its power to regulate corporations.   
  
Individual states have the authority to permit or prohibit research cloning.  
+
Individual states and territories have enacted mirrored legislation regarding reproductive and research cloning to ensure coverage of individuals. (Note Western Australia does not permit cloning of human embryos for research purposes).
  
 
The ''Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research,'' issued by the National Health and Medical Research Council, is the policy document of the body that regulates assisted reproductive technology and related research. The Guidelines prohibit commercial surrogacy, and limit the use of preimplantation genetic diagnosis to the avoidance of serious medical conditions. They do, however, encourage further public discussion of these and other issues.
 
The ''Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research,'' issued by the National Health and Medical Research Council, is the policy document of the body that regulates assisted reproductive technology and related research. The Guidelines prohibit commercial surrogacy, and limit the use of preimplantation genetic diagnosis to the avoidance of serious medical conditions. They do, however, encourage further public discussion of these and other issues.
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The Guidelines are not mere recommendations, but there are potential limitations due to Australia's federal system. Laws among states vary. However, the Department of Human Services of South Australia says that "States must comply with the NHMRC Guidelines unless specific legislation regulating reproductive technology overrides."<ref name="sa">Department of Human Services of South Australia, "[http://www.dh.sa.gov.au/reproductive-technology/other.asp#NHMRC Reproductive Technology: Legislation around Australia]"</ref>
 
The Guidelines are not mere recommendations, but there are potential limitations due to Australia's federal system. Laws among states vary. However, the Department of Human Services of South Australia says that "States must comply with the NHMRC Guidelines unless specific legislation regulating reproductive technology overrides."<ref name="sa">Department of Human Services of South Australia, "[http://www.dh.sa.gov.au/reproductive-technology/other.asp#NHMRC Reproductive Technology: Legislation around Australia]"</ref>
  
State laws uniformly make surrogacy contracts unenforceable, granting custody to the birth mother or birth parents.<ref name="sa"/><ref name="Stuhmcke">Anita Stuhmcke, "[http://www.murdoch.edu.au/elaw/issues/v3n1/stuhmck1.txt For Love or Money: the Legal Regulation of Surrogate Motherhood]," ''E Law - Murdoch University Electronic Journal of Law'' (vol 3, no 1, May 1996)</ref>
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State laws uniformly make surrogacy contracts unenforceable, legal parentage falling, in the first instance, to the birth mother or birth parents. Commercial surrogacy is prohibited in all states and territories, except Northern Territory, by statute. New South Wales, Queensland, and the Australian Capital Territory, also prohibit commercial surrogacy extra-territorially.
  
 
The Australian Health Ethics Committee, which governs how medical research is conducted, ruled in 2005 that sex selection techniques should not be used in Australia.
 
The Australian Health Ethics Committee, which governs how medical research is conducted, ruled in 2005 that sex selection techniques should not be used in Australia.
|Permitted and regulated practices=Providing eggs for reproduction or for research is limited to noncommercial transactions.<ref name=Sing>Singapore Bioethics Advisory Committee, "[http://www.bioethics-singapore.org/uploadfile/52533%20PMEgg%20Donation%20Consultation%20Paper.pdf Donation Of Human Eggs For Research: A Consultation Paper]" (November 7, 2007)</ref>
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|Permitted and regulated practices='Altruistic' surrogacy is permitted in each state and territory, subject to meeting stringent criteria'. Reimbursement for 'reasonable expenses' is permitted.
|History=The 2006 Act amended and broadened the scope of previous legislation:
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* [http://www.nhmrc.gov.au/publications/synopses/_files/prohibit.pdf Prohibition of Human Cloning Act 2002]
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Providing eggs for reproduction or for research is limited to non-commercial transactions.
* [http://www.nhmrc.gov.au/publications/synopses/_files/embryact.pdf Research Involving Embryos Act 2002]
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 +
Embryo donation is permitted, in non-commercial situations for research or reproduction.
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|Regulatory activities=
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|Accountability and governance=
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|History=
 
|External links=* [http://www.nhmrc.gov.au/ National Health and Medical Research Council]
 
|External links=* [http://www.nhmrc.gov.au/ National Health and Medical Research Council]
 
}}
 
}}
 
== References ==
 
== References ==
 
<references/>
 
<references/>

Revision as of 06:51, 19 October 2014

Australia
Australia-flag.jpg
Information
Region Oceania
Population 21260000
GDP (millions USD) 908,826
National Policies
Eggs for assisted reproduction commercial prohibited
Eggs for research commercial prohibited
Inheritable genetic modification PROHIBITED
Preimplantation genetic diagnosis social uses prohibited
Reproductive cloning PROHIBITED
Research cloning regulated
Sex selection Social uses prohibited
Surrogacy commercial prohibited; unrecognized
International Agreements
2005 UN Cloning Vote YES
2005 UNESCO Sports Doping Convention RATIFIED

Governance in Australia is federalized, with significant power distributed to its states and territories to legislate upon certain matters. Laws addressing research involving human embryos and cloning exist at both federal and state levels. National guidelines exist in relation to assisted reproductive technologies. Regulation of surrogacy and assisted reproduction falls to the states.

Contents

Key laws and policies

  • Prohibitions on human cloning for reproductive purposes Act 2002 (Cth)
  • Research involving human embryos Act 2002 (Cth)

Prohibited practices

Federal legislation in Australia bans reproductive cloning and inheritable genetic modification, but extends only so far as its power to regulate corporations.

Individual states and territories have enacted mirrored legislation regarding reproductive and research cloning to ensure coverage of individuals. (Note Western Australia does not permit cloning of human embryos for research purposes).

The Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research, issued by the National Health and Medical Research Council, is the policy document of the body that regulates assisted reproductive technology and related research. The Guidelines prohibit commercial surrogacy, and limit the use of preimplantation genetic diagnosis to the avoidance of serious medical conditions. They do, however, encourage further public discussion of these and other issues.

The Guidelines are not mere recommendations, but there are potential limitations due to Australia's federal system. Laws among states vary. However, the Department of Human Services of South Australia says that "States must comply with the NHMRC Guidelines unless specific legislation regulating reproductive technology overrides."[1]

State laws uniformly make surrogacy contracts unenforceable, legal parentage falling, in the first instance, to the birth mother or birth parents. Commercial surrogacy is prohibited in all states and territories, except Northern Territory, by statute. New South Wales, Queensland, and the Australian Capital Territory, also prohibit commercial surrogacy extra-territorially.

The Australian Health Ethics Committee, which governs how medical research is conducted, ruled in 2005 that sex selection techniques should not be used in Australia.

Permitted and regulated practices

'Altruistic' surrogacy is permitted in each state and territory, subject to meeting stringent criteria'. Reimbursement for 'reasonable expenses' is permitted.

Providing eggs for reproduction or for research is limited to non-commercial transactions.

Embryo donation is permitted, in non-commercial situations for research or reproduction.


External links

References

  1. Department of Human Services of South Australia, "Reproductive Technology: Legislation around Australia"