•   
  •   

Australia WA surrogacy laws languish in Parliament as attention shifts to voluntary euthanasia

03:55  14 december  2019
03:55  14 december  2019 Source:   abc.net.au

Euthanasia debate breakthrough, with WA likely to pass voluntary assisted dying laws within days

  Euthanasia debate breakthrough, with WA likely to pass voluntary assisted dying laws within days The West Australian Parliament looks set to legalise voluntary euthanasia within days after a late-night parliamentary sitting brought the process to the verge of a conclusion.The development came after a late-night parliamentary sitting brought the process to the verge of a conclusion, after weeks of prolonged debate — particularly in the Upper House.

Voluntary euthanasia is the practice of ending a life in a painless manner. Voluntary euthanasia (VE) and physician-assisted suicide (PAS) have been the focus of great controversy in recent years.

The first legislative approval for voluntary euthanasia was achieved with the passage in the parliament of Australia ’s Northern Territory of The legislation passed through all the parliamentary stages early in 2001. The Belgian parliament passed similar legislation in 2002 and Luxembourg

a man and a boy posing for a picture: Garrett Chapell, James Chapell and Leon McDonald-Chapell became a family of three earlier this year. (Supplied: Bronnie Joel Photography)© Provided by ABC Health Garrett Chapell, James Chapell and Leon McDonald-Chapell became a family of three earlier this year. (Supplied: Bronnie Joel Photography)

Garrett Chapell and Leon McDonald-Chapell always knew their dream of starting a family was going to be difficult, especially in a state that does not allow men to use a surrogate.

They looked at India, Thailand, America, Mexico and Nepal as alternative options, but each time they came up against roadblocks and bad luck.

They had just started to look at Thailand when the Baby Gammy scandal broke, which prompted a law banning foreigners from travelling there to access commercial surrogacy.

Voluntary euthanasia bill passes WA Upper House with laws set to take hold within days

  Voluntary euthanasia bill passes WA Upper House with laws set to take hold within days Western Australia is set to become the second state to legalise voluntary euthanasia after proposed laws allowing terminally ill people to end their own lives pass the Upper House. The controversial voluntary assisted dying bill is now destined to become law within days after being passed 24 votes to 11.

WA SHOULD introduce laws to allow terminally ill people to access voluntary euthanasia , a landmark parliamentary report has argued. Australian Christian Lobby WA convener Peter Abetz said the group would launch a Statewide campaign to educate voters about voluntary euthanasia .

Non- voluntary euthanasia is euthanasia conducted when the explicit consent of the individual concerned is unavailable, such as when the person is in a persistent vegetative state

The United States, while their most attractive option, would have cost the couple up to $250,000.

And when it came to making plans for their final option, Nepal, the 2015 earthquake struck.

The couple, who married in Canada in 2011, had always wanted to have a child but laws in their home state of Western Australia prevent single men and same-sex male couples from using a surrogate.

"I don't think people realise just how hard it is and how many barriers there are both legal and social," Mr Chapell said.

Garrett Chapell (left) says he cried happy tears when James (centre) joined their family this year.© Supplied: Bronnie Joel Photography Garrett Chapell (left) says he cried happy tears when James (centre) joined their family this year.

"A lot of people would say 'what about surrogacy?' and we would say, 'it's not legal here' and people would say, 'but my girlfriends are lesbians and they had a baby through surrogacy'?

REVEALED: Radical plan to dump the royals WITHOUT a referendum - and it could make the Queen our last monarch

  REVEALED: Radical plan to dump the royals WITHOUT a referendum - and it could make the Queen our last monarch Labor backbencher for Bruce, Victoria, Julian Hill is proposing a plan to get state and federal MPs to vote to change royal succession laws. Mr Hill claims the Australian public should not be responsible for changing the laws but rather it should be up to members of parliament.If the proposal is accepted parliament could change the law which would see Queen Elizabeth be Australia's last ever monarch. require(["inlineoutstreamAd", "c.

Among the many issues competing for the attention of NSW politicians ahead of the March 28 election, few can But there is talk of advancing the issue in the next term of parliament . Right to Life NSW president Simon McCaffrey, whose organisation opposes voluntary euthanasia , said the practice of

The criminal law prohibits active voluntary euthanasia . In Federal Parliament in September, a Liberal backbencher, Mr Kevin Andrews MP, is introducing a Private Member's Bill aimed at overturning it. The law in relation to the first category, passive voluntary euthanasia , is discussed in an earlier

"I don't think people realise it is not the same scenario."

In August 2018, the WA Government introduced a bill to amend the current law to allow single men and same-sex male couples to access altruistic surrogacy.

But it stalled earlier this year after one MP's marathon 24-hour speech resulted in the vote being delayed, which meant it would become one of several pieces of legislation to gather dust until parliament returns in 2020.

The bill was referred to a parliamentary committee, which concluded the proposed changes would likely discriminate against women, due to the existing requirement for women to have medical reasons to access surrogacy.

The committee found that this could only be avoided by either applying the same rule to men or by removing the requirement for women to have medical reasons.

Garrett Chapell and Leon McDonald-Chapell with their son James.© Supplied: Bronnie Joel Photography Garrett Chapell and Leon McDonald-Chapell with their son James.

So with the bill needing more work before it could again be presented to the Upper House for a conscience vote, there was no guarantee it would pass before the next state election in 2021.

Assisted dying bill leaves sick and elderly open to coercion

  Assisted dying bill leaves sick and elderly open to coercion Set to pass this week, the Western Australian law will be more liberal than the Victorian version.Last week the state's Upper House voted resoundingly in favour of the Voluntary Assisted Dying Bill 24 to 11.

Western Australia became the second state to legalise euthanasia on Tuesday. Politicians erupted in cheers and were seen hugging and crying when bill Parliament erupted into cheers and MPs received a standing ovation from supporters after Western Australia legalized voluntary euthanasia .

Mr Cook said he supported voluntary euthanasia and wanted the WA public to have a considered and informed debate about law reform. “I support voluntary euthanasia and I think we need to legislate to enable people to take control of their lives in their final stages,” he said. “Any debate in parliament on

Anticipating a long wait, the Perth couple hedged their bets and successfully applied to become adoptive parents, with 18-month-old James joining the family this year.

"We are ecstatic," Mr Chapell said.

"I haven't cried so much for a very long time, happy tears. I just can't imagine it any other way, it is amazing."

Mr Chapell said while they had found their "happy ending", many others still in limbo would be watching the WA Parliament closely next year.

"There are still families out there wanting to commence the journey and there are just all these roadblocks and they can't," he said.

Clock ticks on frozen embryos

Ric De Castro was one of those who had high hopes the bill would pass in 2019.

Mr De Castro's wife Susanna died in May last year after a long battle with breast cancer.

He desperately wants the law changed to enable him to use the couple's frozen embryos to have the baby they had always wanted.

But after this year, his hopes have started to fade.

Ric De Castro wants the right to use his and his late wife Susanna's frozen embryos.© ABC News: Eliza Laschon Ric De Castro wants the right to use his and his late wife Susanna's frozen embryos.

"Leading up to Christmas and Susanna's birthday at the beginning of January, a lot of emotions are going through me," he said.

Voluntary euthanasia becomes law in WA in emotional scenes at Parliament

  Voluntary euthanasia becomes law in WA in emotional scenes at Parliament Historic legislation allowing terminally ill people to end their own lives has passed the West Australian Parliament, making it the second state after Victoria to allow voluntary euthanasia. Supporters of the bill cheered and gave a standing ovation from the public gallery as the Legislative Assembly voted it into law.There were also emotional scenes on the floor of Parliament as MPs hugged each other in celebration after months of drawn-out debate.Health Minister Roger Cook held back tears as he delivered his final address to the house.

The legal aspects of surrogacy in any particular jurisdiction tend to hinge on a few central questions: Are surrogacy agreements enforceable, void, or prohibited?

The proposal comes just months after a voluntary euthanasia bill was narrowly defeated in the South Australian Parliament and as the Victorian Parliament prepares to consider its own legislation in the second half of 2017. Significantly, Victoria's Labor Premier Daniel Andrews is backing the legislation.

"My goal is to have a child that Susanna and I have brought into the world and give them every opportunity of knowing how much love there is and what love Susanna would have brought to their lives.

"I am putting my hopes on the bill going through at the beginning of [next] year."

Mr De Castro, 47, said he could not wait another year for the law to change, with the clock ticking on the life of the frozen embryos.

Susanna and Ric De Castro were 21 and 23 years old when they married in 1998.© ABC News: Eliza Laschon Susanna and Ric De Castro were 21 and 23 years old when they married in 1998.

He said he had considered travelling overseas to use a surrogate or, if that failed, would consider adoption.

"As a single male or same-sex male couple you can adopt in Western Australia, but you can't go through the surrogacy process, which is difficult to accept," he said.

"Due to the fact that they are the same things, you are taking care of a child. Why the laws are still archaic, I don't really understand."

Mr De Castro said he hoped now that the WA Parliament had passed the voluntary assisted dying [VAD] legislation, the surrogacy bill would be the next major social reform on the agenda.

Susanna De Castro died last year after being diagnosed with breast cancer.© Supplied: Ric De Castro Susanna De Castro died last year after being diagnosed with breast cancer.

"Now that [VAD] has been put through, I hope the surrogacy bill will be next," he said.

No guarantee of pre-poll outcome: Minister

But WA Health Minister Roger Cook could not guarantee the bill would pass before the 2021 election.

"We are looking at amendments to the current bill, in response to the recommendations from the committee," he said.

"I look forward to progressing these important changes."

Other legislation introduced in 2018 that failed to progress through State Parliament this year included the ticket scalping bill, aimed at restricting the resale of event tickets and the Beeliar wetlands bill, which was designed to rezone land to protect it against development.

#alertme

Surrogate mothers to claim loss of income from parents under new laws .
Victorian women who want to become surrogate mothers will now be able to claim loss of income from the intended parents of the baby.The self-employed Melbourne lawyer who now specialises in helping people through their legal surrogacy arrangements said her business took a hit. She also paid for maternity clothes and other expenses like massage appointments.

—   Share news in the SOC. Networks
usr: 0
This is interesting!