Mr WETTENHALL (27 Nov 2008) (10.26 am): As a member of the committee, I support the
tabling of the report of the Investigation into Altruistic Surrogacy Committee on 8 October 2008. I would like to add briefly to the discussion of the committee's report by focusing on the issue of altruistic surrogacy from an equity point of view.

The report argues that one of the roles of government is to ensure parity in policy approaches for
families created by altruistic surrogacy and other families. This is a notion also commonly applied in law. It is a common-sense approach to justice-treating like with like although the circumstances may differ.

In the report, notions of parity underpin the proposed policy principles. For example, principle 3 states-
Every child enjoys the same status and legal protection irrespective of the circumstance of their birth or the status of their parents. This is clearly in the best interests of the child, as a child should not be stigmatised by the manner of his or her conception or be disadvantaged by the lack of recognition of intending parents.

The current situation does not provide legal certainty for the child in relation to child support or
inheritance. That is why the report recommends a specific provision for the transfer of legal parentage in the case of altruistic surrogacy. It is the reason the committee considers it timely to review the status of children born of same-sex parents. It is the reason the committee would like to see consideration of legal status of traditional Torres Strait Islander adoptions squarely placed on the policy agenda.

These arrangements refer to the situation whereby birth parents permanently give a child to their extended family network. Sometimes such adoptions occur due to an inability to have children. The committee was reminded during the course of the investigation that Eddie Mabo was a traditional adoptee. The practice is seen as important in strengthening extended family. The practice continues in spite of prohibition under surrogacy or adoption law.

The committee noted that the Torres Strait Islander traditional practice does not neatly fit with
Western notions of adoption and surrogacy. Indeed, the committee's recommendation that the legal
definition of altruistic surrogacy should only cover arrangements made before conception mean that only those traditional adoptions made pre conception will be recognised by the proposed surrogacy law reform.

This is why the committee recommends that the issue of traditional adoptions, most of which are made post conception, needs to be addressed into the future. I commend the report to the House.