This is our vision for an ethical assisted pregnancy process which details the pregnancy partner’s safeguards and rights, the child’s right to identity, and the intended parents' rights to be treated like ‘any other family’.
We want the legislation to define a process that is initiated and led by the pregnancy partner, available through and an integrated part of the public health service via the proposed Independent AHR Regulatory Authority, who will manage and approve agreements, ensure access for qualifying couples and individuals, and regulate the care providers so there are no profit-driven incentives.
We want the legislation to define a process that is initiated and led by the pregnancy partner, available through and an integrated part of the public health service via the proposed Independent AHR Regulatory Authority, who will manage and approve agreements, ensure access for qualifying couples and individuals, and regulate the care providers so there are no profit-driven incentives.
Rights and Safeguards for the Pregnancy Partner
We want the legislation or regulation to provide the following rights and safeguards:
- Should not be dependent on assisted pregnancy for income or enter any assisted pregnancy agreement through coercion of any kind
- Must at all times through the agreement exercise fully informed consent throughout the process, from signing of contracts, transfer of embryo, and throughout pregnancy
- As a requirement it should not be the pregnancy partner’s first pregnancy, previous pregnancies should have been uncomplicated, should have no genetic link to the child, and should be over 21 years
- Must have access to independent medical, legal, and psychological counselling and support with all related expenses being covered by the intended parents
- Have access to an independent public advocate who represents their interests
- Have full consent through the process and full bodily autonomy up to and during birth
Safeguards for the Child
For the children born through assisted pregnancy we want the legislation to prioritise all aspects of the rights, interests, welfare and well-being and to ensure that the government protects their rights as follows:
- Right to access genetic and gestational origins
- Right to full parental rights with intended parents with full parental rights and guardianship authority
- Right to be not disadvantaged or treated as a different / lesser class of citizen because of how they are conceived
- Right to citizenship that should be recognised through intended parents immediately without any risk to become stateless
Safeguards for the Intended Parents
The intended parents need to have one simple, universal and inalienable right: the right to have the same legal relationship with their child as any other family. They should be protected from discrimination, be seen like any other family, and benefit from the rights that any family has (like decisions over elderly care, inhertance etc). They need these rights to be able to ensure the child’s sense of safety and security.The child needs their family unit to be protected and to have a parent for a lifetime, not just until they are 18 years of age.
Throughout the assisted pregnancy process they should receive specialist support especially to help them before and throughout the transition from pregnancy to family. The parents should be dealt with by informed courts and public services. We welcome the Family Court Bill 2020 which aims to put families and children front and centre in the family law system.
Throughout the assisted pregnancy process they should receive specialist support especially to help them before and throughout the transition from pregnancy to family. The parents should be dealt with by informed courts and public services. We welcome the Family Court Bill 2020 which aims to put families and children front and centre in the family law system.