XN000022-1992-06-24 — Page 25

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WEDNESDAY, JUNE 24, 1992

IN

AS

SHOULD

THE COMMISSION ARGUED, WHILE A MARRIED RELATIONSHIP PRINCIPLE BE MORE STABLE THAN AN UNMARRIED ONE, AND SO PROVIDE A BETTER ENVIRONMENT FOR THE CHILD, THAT WAS NOT ALWAYS THE CASE.

MANY MARRIAGES WERE NOT STABLE AND THE COMMISSION SUGGESTED THAT THERE WAS SOME STATISTICAL EVIDENCE THAT A MARRIAGE ENTERED INTO PRIMARILY FOR THE PURPOSE OF ENSURING THAT AN EXPECTED CHILD WOULD NOT BE BORN ILLEGITIMATE WAS ESPECIALLY AT RISK.

THE EFFECT OF THE PRINCIPAL PROVISION OF THE BILL, SET OUT IN CLAUSE 3, WAS THAT IN ALL LEGISLATION, EXISTING AND FUTURE, AND IN ALL FUTURE DOCUMENTS, WORDS IMPLYING A FAMILY RELATIONSHIP SUCH AS "SON" OR "CHILD" WERE TO INCLUDE ILLEGITIMATE PERSONS UNLESS A CONTRARY INTENTION WAS SHOWN.

HIS

THUS IT WOULD REMAIN OPEN FOR A TESTATOR ΤΟ EXCLUDE HIS ILLEGITIMATE CHILD BY SPECIFYING IN HIS WILL THAT HE WAS TO LEAVE ESTATE TO HIS "LEGITIMATE CHILDREN", BUT A BEQUEST TO "HIS CHILDREN" WOULD INCLUDE AN ILLEGITIMATE CHILD.

CLAUSES 9 TO 12 OF THE BILL RELATED TO SURROGACY AND BIRTHS BROUGHT ABOUT THROUGH ARTIFICIAL INSEMINATION OR OTHER SCIENTIFIC MEANS.'

MR FINDLAY SAID HE WAS CONSCIOUS THAT THIS WAS AN AREA WHICH RAISED SENSITIVE AND IMPORTANT QUESTIONS OF ETHICS AND MORALITY.

"I MUST STRESS, HOWEVER, THAT THIS BILL IS NOT CONCERNED WITH WHETHER OR NOT SURROGACY AND SCIENTIFICALLY ASSISTED BIRTH IS DESIRABLE, NOR WITH CONSIDERING THE CONTROLS, IF ANY, WHICH SHOULD BE APPLIED.

"THIS BILL DEALS ONLY WITH MAKING PROVISION TO IDENTIFY THE LEGAL PARENTS WHERE SUCH BIRTHS TAKE PLACE, AND TO PROVIDE A LEGAL MECHANISM FOR PARTIES TO A SURROGACY TO APPLY TO THE COURT FOR AN ORDER AS TO THE CHILD'S PARENTAGE WHICH REFLECTS THE REALITY SURROGACY ARRANGEMENT.

OF THE

"THE EXTENT TO WHICH SUCH ARRANGEMENTS SHOULD BE ALLOWED, HOW THEY SHOULD BE REGULATED, ARE QUESTIONS WHICH FALL OUTSIDE AMBIT OF THIS BILL AND ARE CURRENTLY UNDER CONSIDERATION BY SECRETARY FOR HEALTH AND WELFARE AS A SEPARATE EXERCISE," HE SAID.

THE DEBATE ON THE BILL WAS ADJOURNED.

OR

THE THE

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