New South Wales Law Reform Commission

To the Honourable J R A Dowd LLB, MP,
Attorney General for New South Wales

ARTIFICIAL CONCEPTION
IN VITRO FERTILIZATION

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.

Helen Gamble
(Chairman)

Eva Learner
(Commissioner)

Keith Mason QC
(Commissioner)

Susan Fleming
(Commissioner)

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 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.

PARTICIPANTS

Commissioner-in-charge of Reference

Russell Scott (until 17 June 1988)
Ms Helen Gamble (from 17 June 1988)

Dr Susan Fleming
Ms Helen Gamble
Eva Learner
Mr Keith Mason QC
Russell Scott (until 17 June 1988)

Dr Barbara Burton
Dr R Jansen
Mr I Johnston
Dr I Kola
Professor D M Saunders
Dr A Trounson
Professor Carl Wood

William J Tearle

Ian Collie
Fiona Curtis
Gail Morgan
Leanne O'Shannessy
Juliet Potts

John McMillan

Mrs Nozveen Khan
Ms Doris Sclosa
Ms Glenda Owens

Ms Beverley Caska

Ms Zoya Howes
Mrs Jenny McMahon
Miss Judith Grieves