Saturday, April 28, 2012

What to wear (or not) at court:
I'm presenting about surrogacy at a seminar for GP's organised by City Fertility Clinic.
At last, it's official. Nicola Roxon announces Family Court and Federal Magistrates Court will not merge:

Wednesday, April 25, 2012

Former de facto partners argue about contributions regarding up to $50M in artworks: ABC

Sunday, April 22, 2012

Friday, April 20, 2012

Jailed wife killer says he's a "victim":
Only a few hours before Hse Reps survey on same sex marriage expires: I've just done the survey. Please take part!

Thursday, April 19, 2012

@binarypersona Last night's domestic violence presentation can be found here: RealPlayer required.
Twilight walk and candle lighting ceremony to commemorate those who have died from domestic violence:

Wednesday, April 18, 2012

About to leave office to do my domestic violence presentation for Pathways.

Tuesday, April 17, 2012

80% of brain development by the age of 3: scientists Prevention of domestic violence around babies is essential.
Early bird rates for Surrogacy Australia's conference at the end of May close soon:
Tomorrow night's webinar about domestic violence I am one of two speakers. Registration is free!

Monday, April 16, 2012

Finally, finally, finished my domestic violence presentation which I am delivering for Pathways on Wednesday night.

Saturday, April 14, 2012

Friday, April 13, 2012

The Senate committee about same sex marriage has said that my submission is to be one of the few to be published. No.252, apparently!
I just took part in the Red Rose rally at Parlt House: holding a placard reminding passing drivers about the effects of domestic violence.
Attorney-General Bleijie has said that he is not considering abolishing civil partnerships retrospectively: Fin Review

Thursday, April 12, 2012

Current estimate of surrogacy costs: Australia $45k (plus $45k over prior 5 years for IVF), India $76k, US $176k Source: Surrogacy Aust.

Tuesday, April 10, 2012

Can same-sex couple divorce where same-sex marriage is not recognised?
Great discussion on @612brisbane tonight about idea to automatically ban league players for a year if found guilty of domestic violence.
LNP considering retrospective ban on civil partnerships: I am of the view that nothing can stop retrospective ban.

Monday, April 9, 2012

India changes the rules on surrogacy:

India changes the surrogacy rules

All Australian intended parents, but especially those from NSW, Queensland,the ACT and possibly Tasmania looking at India as the place for surrogacy have another thing to worry about, due to a notice issued by the Indian government and posted to embassies throughout the world. The notice, seen for example at the website of the Indian High Commission, says this:


Any person seeking a visa to India for purpose of entering into a surrogacy arrangement must ascertain beforehand whether the law of that country (Australia) permits surrogacy and will provide appropriate travel documents to the child for accompanying the surrogate parents. Entering into surrogacy arrangement under any other visa not sought for surrogacy is punishable under the Indian Law.

What is significant about the notice is that it requires two things:

  1. To ensure that the law of Australia permits surrogacy;
  2. That Australia will provide appropriate travel documents.
The two are not the same. Laws dealing with surrogacy in Australia are largely made by the States and Territories, but visas and migration are dealt with by the Australian government. In NSW, Queensland and the ACT (and soon, possibly Tasmania, where the outlook remains uncertain) it is an offence to enter into a commerical surrogacy arrnagement overseas, punishable at worst by imprisonment.

Most importantly for the purposes of the notice, the laws of NSW, Queensland and the ACT ( and soon possibly Tasmania) do NOT permit conmmercial surrogacy in India. This may mean that commercial surrogacy cannot be proceeded with there.

In 2008 a bill was placed before the Indian parliament regulating surrogacy for the first time. In 2010 a second bill was put before the Parliament, but that bill is currently bogged down in committee. However, the Indian government is clearly intending to act, and act now, given the explosive growth in commercial surorgacy in India.

The notice also highlights the other issue: there is an inherent risk for Australians seeking travel documents for their children born through surrogacy. The DNA test is NOT based on any law, and is contrary to Federal Court rulings, can be altered any day without notice, leaving intended parents and their kids trapped overseas.

I don't know yet if the Indian government will require proof that the Australian government will issue travel documents before the surrogacy arrnagement is entered into. If so, this will be almost impossible for anyone to obtain.

The notice makes plain what I have been advising clients:

  • It remains an offence to enter into commercial surrogacy overseas for those ordinarily resident (and in the case of NSW as an alternative, domiciled) in NSW, Queensland or the ACT .
  • Surrogacy is a process akin to going through the minefield- full of traps.
  • No one should consider surrogacy without getting expert advice first, both from a lawyer and from an experienced migration agent.

Thursday, April 5, 2012

Excellent article! RT @cwsq: 3 Ways To Get Your Mojo Back After #Divorce via @HuffingtonPost

Wednesday, April 4, 2012

Convicted Surrogacy Attorney: I'm Tip of Iceberg | NBC San Diego - Mozilla Firefox

Tuesday, April 3, 2012

RT @johncrouchesq: Top UK judge: Divorcing parents - especially smart & educated ones - weaponize & harm kids
Senate inquiry shores up ‘landslide support’ | Star Online
RT @famcourtsupport: Mother conned ex into thinking he was her child's father for 13 yrs & swindled him out of £50,000

Monday, April 2, 2012

RT @kaseyfoxlawyer: RT @dgawthornefl Creditor's application to set aside BFA can’t be determined summarily #FamilyLaw
Depressing and inspiring: women escaping from forced marriages on tonight's Four Corners