Its main aim is to protect each member of a family, whether that family is nuclear, de facto, single parent, Aboriginal or Torres Strait Islander or blended in nature, as family is the foundation of society. For example, in the case of Kiesha Abrahams, the Department of Community Services DOCS had been informed several times of the danger that this child was in under the care of her mother and step-father, however, due to DOCS being under-resourced, they failed to act resulting in her brutal murder.
Furthermore, the refusal to enact the Same-Sex Marriage Bill which was introduced by the Greens in means that Australia is not responding to its international obligations. The legal recognition of same-sex relationships in Australia has evolved dramatically since the s to a point where most jurisdictions provide same-sex couples with the same rights and obligations as heterosexual de facto couples.
This is because signatory nations may choose not to implement all terms of the covenant into their domestic law.
These can then be used to checkout other documents on Thinkswap. Although this convention has not been fully recognised in Australia through legislation, state legislation such as the Children and Young Persons Care and Protection Act and the Children Protection and Parental Responsibility Act have been enacted in the best interests of the child and in accordance with this convention.
This exemplifies the idea that while international covenants highlight international perceptions of equality and fairness; they are ineffective ensuring that all rights of individuals are upheld in the law of its signatory nations.
Furthermore, this demonstrates that the law is trying to keep up with evolving societal values in an ever changing world. On a federal level, the Family Law Amendment Shared Parental Responsibility Act Cth was enacted; allowing for a greater emphasis on shared parental contact and parental responsibility in broken families.
HSC - Year 11 - Legal Studies Essay on law reform on birth technology and surrogacy that was completed in year 11 in The obligation to take responsibility for the care and financial support of a child is considered to be one that should be met by both parents, and this legislation codifies this belief into law.
Under this legislation, NSW police have the power to take children home if they are at risk of becoming involved in anti-social behaviour, thus upholding the view that the child is of paramount concern.
Topics this document covers: In exchange for uploading documents you will receive credits. Exchange Credits represent the worth of each document on Thinkswap. Opponents, however, argue that the covenant is not legally binding on Australia; therefore there is no need to enshrine marriage equality into law.
Furthermore, the Adoption Amendment Same-Sex Couples Bill, which was passed in the NSW parliament inhas made it easier for homosexual people to start a family through employing a surrogate, as both parties can apply to adopt the child of the biological parent.
The effectiveness of this legislation, however, can be adversely affected when a parent manifestly fails in their responsibility to their children whilst the child is under their care, as there is a high cost associated with running government bodies designed to handle such cases.
Exchange Credits represent the worth of each document on Thinkswap. The Status of Child This emphasises the responsibility of parents to their children, as it allows the parents to teach their children morals and values and gives the responsible parents an opportunity to address problems before they escalate.
Although the creation of the Sex Discrimination Act Cth in the law did aim to eliminate any discrimination, critics argue that it was never sufficient enough as it did not institute rights for sa Altruistic surrogacy, unlike commercial surrogacy, involves no monetary payment or financial gain to be made available to the gestational carrier and therefore ensures that women do not exploit their bodies in this manner for financial assistance.
What are Exchange Credits: Others have embraced this technology, claiming that it allows desperate would-be mothers and homosexual couples a second chance at having children. What are Exchange Credits: Supporters for marriage equality argue that in an increasingly agnostic society, marriage is less about religion and more about the legal protection it affords, meaning that Australia is not responding to its international duties.
Topics this document covers: Altruistic surrogacy is legalised in NSW under the Surrogacy Act to accommodate the views in society which believe that this technology is beneficial for women in the community who are unable to conceive.
Birth technologies raise many complex parenting issues in order to reflect moral and ethical standards, and the law adequately protects family members to a moderate extent. A well written and argued response.Contemporary issues of surrogacy and birthing technologies.
An Estimated per cent of Australian couples who want to start a family are infertile, similarly same-sex couples are unable to reproduce and this has led to the use of surrogacy and birthing technologies to provide a means to overcome such barriers in having children.
Contemporary issues of surrogacy and birthing technologies in family law Essay Birthing technologies hold many interrelated issues of concerns with difficulties in defining legal parents in relation to birth certificates as well as the roles and responsibilities of gametes donors. In this essay I will explore the different schools.
Transcript of Contemporary Issue: Surrogacy and Birth Technologies Legal and Non-Legal Responses Surrogacy raises many issues - social, emotional, legal and parenting issues.
Birthing technologies hold many interrelated issues of concerns with difficulties in defining legal parents in relation to birth certificates as well.
Family Law Contemporary Issues Essay (Surrogacy & Birth Technology and Same-Sex Recognition) This student studied: HSC - Year 12 - Legal Studies. This is pretty much a cleaned up transcript of an essay I wrote for the HSC trial. It covers both the topics in the title in detail and has heavy emphasis on cases and legislation for evidence.
In essence, the law has ultimately responded to the contemporary issues concerning surrogacy and birth technologies, as well as the changing nature of parental responsibility, and still continues to languish behind the progressive views regarding the recognition of same-sex relationships.Download