Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill

08 Sep 2009 speecharchive

This speech is in relation to the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Bill and to indicate support for the bill.

The Hon. I.K. HUNTER: I move:

Page 6, lines 1 to 8 [clause 8, inserted section 9(1)(c)(i) and (ii)]—

Delete subparagraphs (i) and (ii) and substitute:

(i) if, having regard to all of the circumstances of a particular woman, the woman would be unlikely to become pregnant other than by assisted reproductive treatment;

The Hon. J.M.A. LENSINK: I will not be as eloquent as the people who have preceded me but I do see that this is an important health protection measure and, if we are to err on one side or the other, we should err toward the best interests of health for the child and the mother; therefore, I will support this amendment.

The Hon. G.E. GAGO: I move:

Page 12, lines 21 to 37—Delete the Schedule and substitute:

Schedule 1—Related amendments and transitional provisions

Part 1—Related amendments to Family Relationships Act 1975 1—Amendment of heading to Part 2A Heading to Part 2A—delete "medical" and substitute: fertilisation

2—Amendment of section

10A—Interpretation

Section 10A(1), definition of fertilisation procedure—delete the definition and substitute: fertilisation procedure means—

(a) assisted insemination (within the meaning of the Assisted Reproductive Treatment Act 1988);

or (b) assisted reproductive treatment (within the meaning of the Assisted Reproductive Treatment Act 1988).

3—Amendment of section

10B—Application of Part Section 10B(1)—delete subsection (1) and substitute: (1) Subject to this section, this Part applies—

(a) in respect of a fertilisation procedure carried out before or after the commencement of the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Act 2009 either within or outside the State;

and (b) in respect of a child born before or after commencement of the Reproductive Technology (Clinical Practices) (Miscellaneous) Amendment Act 2009 either within or outside the State.

4—Amendment of section

10D—Rule relating to paternity Section 10D—after subsection (2) insert: (3) Subject to this Act, if a woman undergoes, in accordance with this or any other Act, a fertilisation procedure in consequence of which she becomes pregnant using the semen of a man—

(a) who has died;

and (b) who, immediately before his death, was living with the woman on a genuine domestic basis as her husband;

and (c) who had consented to the use of the semen for the purposes of the fertilisation procedure, the man—

(d) will be conclusively presumed to have caused the pregnancy;

and (e) will be taken to be the father of any child born as a result of the pregnancy.

5—Insertion of section 10EA

After section 10E insert:

10EA—Court order relating to paternity

(1) This section applies to a child if—

(a) the child is domiciled in this State;

 and (b) the child was conceived as a result of a fertilisation procedure carried out in this State;

 and (c) 1 or more of the following applies:

 (i) the paternity of the child is not able to be determined by the operation of section 10D;

(ii) the operation of section 10E(2) does not reflect the wishes of both the provider of the sperm used for the purposes of the fertility procedure (the sperm provider) and the mother of the child;

(iii) the fertility procedure was carried out in any other circumstances brought within the ambit of this paragraph by the regulations. (2) The Court may, in relation to a child to which this section applies and on the application of the sperm provider in respect of the child, make an order under this section.

(3) However, the Court must not make an order under this section unless satisfied that both the mother and the sperm provider freely, and with a full understanding of what is involved, agree to the making of the order.

(4) The Court must, in deciding whether to make an order under this section, regard the welfare of the child as the paramount consideration.

(5) In deciding whether to make an order under this section, the Court may take into account anything it considers relevant.

(6) If the Court makes an order under this section, the effect of the order will be as follows:

(a) for the purposes of the law of the State— (i) will be conclusively presumed to have caused the pregnancy; and (ii) will be taken to be the father of any child born as a result of the pregnancy.

(b) the relationships of all other persons to the child will be determined according to the operation and effect of paragraph (a). (7) If the Court makes an order under this section, the Court may make any other ancillary order the Court thinks fit. (8) In this section— Court means the Youth Court of South Australia constituted of a Judge.

Part 2—Transitional provisions 1—Existing licensees

(1) A person who, immediately before the commencement of this clause, held a licence under Part 3 of the Reproductive Technology (Clinical Practices) Act 1988 (as in force immediately before the commencement of this clause) will be taken to be registered under Part 2 of that Act (as enacted by this Act).

(2) Any licence condition to which the licence was subject under section 13(3)(a) and (e) of the Reproductive Technology (Clinical Practices) Act 1988 (as in force immediately before the commencement of this clause) will be taken to continue to apply as a condition of registration under Part 2 of that Act (as enacted by this Act).

2—Record keeping

A person who held a licence under Part 3 of the Reproductive Technology (Clinical Practices) Act 1988 (as in force immediately before the commencement of this clause) must keep any record required to have been made or kept as a condition to which the licence was subject under section 13(3)(d) of that Act (as in force immediately before the commencement of this clause) as if the record were a record required to be made or kept under that Act after the commencement of Part 2 of this Act.

The Hon. J.M.A. LENSINK: While this is a conscience issue for all members, I think it is fair to say it is a commonsense amendment. It would be a rather perverse situation, I would think, where the rightful parent was not included on a birth certificate, so I indicate I will support the amendment. While I say it is a conscience issue for all members, I would be surprised if there were too many objections.

I raised an issue in my second reading speech, and I think members would have received correspondence from people who are donor conceived adults and who have some concerns that they are not able to access their parental information, which is not something that this bill was going to amend. However, I do have an understanding that the minister in another place may have undertaken to look into the matters of voluntary registers for donor conceived people, so I ask the minister whether she has any further information about this situation. The Hon. G.E. GAGO: I have been advised that a register will be established: that a model will be developed in consultation with donor conception groups, the sector and the council. The detail of the model will be described in regulations. There will be a voluntary component and a mandatory component to the register. Anyone can submit their own information to the voluntary component. The mandatory component will be only for children conceived after the commencement of the act.

Amendment carried; schedule as amended passed.