To the Honourable T W Sheahan BA, LLB, MP,
Attorney General for New South Wales

ARTIFICIAL CONCEPTION: REPORT 1 - HUMAN ARTIFICIAL INSEMINATION

Dear Attorney General

We make this Report pursuant to the reference from the late Honourable D P Landa, LLB, MP, Attorney General for New South Wales, to this Commission dated 5 October 1983.

Keith Mason QC
(Chairman)

Russell Scott
(Deputy Chairman)

Susan Fleming
(Part-time Commissioner)

Eva Learner
(Part-time Commissioner)

Peter Nygh
(Part-time Commissioner)

June 1986

Terms of Reference

1. To inquire into and report on the need to make laws on:

(i) Human artificial insemination (AI).

(ii) In vitro fertilization of human ova with human sperm (IVF) and transfer of the resulting embryo to the human uterus (ET).

(iii) Any other procedure whereby human ova may be fertilized otherwise than by sexual intercourse.

(iv) Any other procedure whereby the process of human reproduction may be commenced, continued or completed otherwise than in the body of a human female.

(v) The preservation of human ova, human sperm and human embryo outside the human body.

(vi) "Surrogate mothering" arrangements (arrangements under which a woman agrees to bear a child for another person or persons).

(vii) Any other related matter.

3. In making its inquiry and report the Commission may take into account to the extent that it decides is necessary or desirable:

(i) Social, ethical and legal issues related to the subjects described above.

(ii) Any form of artificial conception of a human child that it considers relevant.

(iii) The public interest and the interests of children, parents, infertile couples, and any other relevant person.

(iv) The nature of and issues raised by arrangements and agreements relating to any of the subjects described above, and to any child that may be born as a result.

(v) The legal rights and liabilities of medical and other personnel involved in such practices and other related practices.

(vi) Present laws including laws concerning children, including custody, adoption, inheritance and anti-discrimination, ownership of and dominion over human tissues, and the treatment of human infertility.

(vii) Proposals and activities in relation to the subjects described above under consideration by the Standing Committee of Attorneys General, and by any Committee or other Organisation established in Australia by a State or Territory or by the Commonwealth.

Membership of the Commission

The Law Reform Commission is constituted by the Law Reform Commission Act 1967. The members of the Commission are:

Full-time Commissioners

Mr Keith Mason QC (Chairman)
Mr Russell Scott (Deputy Chairman)
Mr Paul Byrne
Ms Helen Gamble

Dr Susan Fleming
Greg James QC
Eva Learner
Her Honour Judge Jane Mathews
The Honourable Justice Peter Nygh
Professor Colin Phegan
The Honourable Mr Justice Adrian Roden
The Honourable Mr Justice Andrew Rogers
Mr Ronald Sackville
Mr H D Sperling QC
The Honourable Mr Justice J R T Wood

Commissioner-in-charge of Reference

Mr Russell Scott

Associate Professor Bettina Cass (to 8 August 1984)
Dr Susan Fleming
Eva Learner
Mr Keith Mason QC
The Honourable Justice Peter Nygh
Mr Ronald Sackville (to 31 December 1984)
Mr Russell Scott

Mr Brian Bromberger
Dr D A Cooper
Dr G Driscoll
Dr R Jansen
Mr I Johnston
Professor John Leeton
Dr D C R Macourt
Mrs Lindsay Napier
Dr Graeme K Rawson
Dr Struan Robertson
Professor D M Saunders
Dr S Steigrad
Dr J Tyler
Professor Carl Wood

Mark Richardson (to 21 June 1985)
Ms Fiona Tito (Acting to 19 September 1985)
William J Tearle

Mrs Annabelle Bennett (Principal Consultant to 31 July 1984)
Ian Collie
Fiona Curtis
Georgina Hone
Ms Anna Nemanic
Ms Brigitte Pers
Mr Adrian White
Miss Yvonne Williams

Ms Mariella Lizier (to August 1984)
Mr Gary Gibson (Acting to October 1984)
Mr Peter Lemon (to June 1985)
Mr John McMillan

Ms Pamela Boettcher
Ms Lorna Clarke
Mrs Margaret Edenborough
Ms Anne Fogarty
Ms Nozveen Nisha
Mrs Irene Vassarotti

Ms Beverley Caska

Ms Zoya Howes
Mrs Jenny McMahon
Ms Dianne Woods