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Where am I now? Lawlink > Law Reform Commission > Publications > Discussion Paper 11 (1984) - Artificial Conception: Human Artificial Insemination

Discussion Paper 11 (1984) - Artificial Conception: Human Artificial Insemination


TABLE OF CONTENTS


TABLE OF ABBREVIATIONS
GLOSSARY
SUMMARY
PARTICIPANTS
TERMS OF REFERENCE
PREFACE


PART I: BACKGROUND

CHAPTER 1: AN OVERVIEW
I. Introduction
    A. Human Artificial Insemination
    B. A Brief History
    C. Present Practice
II. AI in New South Wales and Australia
    A. Background
    B. Government and Official Interest
    C. Terms of Reference
    D. New Legislation

CHAPTER 2: AI AND THE NUMBER OF AI CHILDREN
I. Introduction
II. AID Children Born in 1983
III. Lack of Reliable Information
IV. Legislation and Law Reform

CHAPTER 3: LAW MAKING AND STATUTORY PROVISIONS
I. Introduction
II. The Australian Position
    A. Existing New South Wales Legislation
    B. Existing Commonwealth Legislation
      1. Family Law Act 1975
      2. Marriage Act 1961
    C. Existing, Presented and Recommended Victorian Legislation
      1. General
      2. Status of Children (Amendment) Act 1984
      3. Infertility (Medical Procedures) Bill 1984
      4. Infertility (Medical Procedures) Bill (No.2) 1984
    D. Recommended Queensland Legislation
    E. Presented and Recommended South Australian Legislation
    F. Other Australian States and Territories
III. The International Position
    A. Presented European Legislation
    B. Existing United States Legislation
    C. Recommended United Kingdom Legislation
IV. Comments on Law-Making

CHAPTER 4: PUBLIC OPINION ON AID
I. The Advisory Committee on Human Artificial Insemination
    A. General
    B. Public Approval and Disapproval of AID
    C. AID and Unmarried Women
II. The Importance of Public Opinion


PART II: ISSUES FOR REFORM

CHAPTER 5: REGULATION OF AI
I. Observations
II. Our Approach
III. Issues for Reform

CHAPTER 6: AVAILABILITY OF AID

I. Observations
II. The Present Law.
III. Issues for Reform

CHAPTER 7: RECRUITMENT, SELECTION AND SCREENING OF SEMEN DONORS
I. Donation of Semen
    A. Sperm Shortage
    B. Encouragement of Semen Donation
    C. Procedures for Donor Selection
II. Protecting Recipient and Child
    A. General
    B. Inheritance of Defects from Sperm
    C. Donor Providing False Information
III. Legal Regulation
    A. Our Approach
    B. Capacity of Donor and Wife's Consent
    C. Wilful Supply of False Information
    D. Confidentiality and Secrecy
    E. Donor’s Withdrawal of Consent
    F. Other Questions
IV. Issues for Reform

CHAPTER 8: TESTING AND STORING SEMEN
I. Fresh and Frozen Semen
II. Testing and Storage
III. Issues for Reform

CHAPTER 9: COMMERCE IN SEMEN
I. Sale of Semen by Donor
II. Present Trends to Pay Donors
III. Present Legal Position
IV. Other Inquiries
V. Issues for Reform

CHAPTER 10: LIMITATIONS ON USE OF DONOR SEMEN
I. Accidental Incest
II. Statistical Information
III. Precautions Taken
IV. Our Approach
V. Issues for Reform

CHAPTER 11: THE USE OF MIXED SEMEN IN AID
I. Concern About Semen Mixing
II. Current Practice
III. Australian Trends
    A. New South Wales Disapproval
    B. Victorian Legislation
IV. Considerations in law-making
V. Our Approach
VI. Issues for Reform

CHAPTER 12: RECORD KEEPING IN AID
I. Introduction
II. The Child's “Right to Know”
    A. Adopted Children
    B. AID Children
    C. IVF Children
    D. Consequences of the Differences
III. Conflicting Interests of Parties to AID
    A. Victorian Approach
    B. Queensland Approach
    C. Canadian Approach
    D. New South Wales Approach
    E. Observations
IV. Difficulties Involved in Creation and Keeping of Records
V. Compulsory Record Keeping
    A. General
    B. The Subjects of Record Keeping
    C. Necessity of Record Keeping
    D. Competing Interests of Parties to AID
    E. Scope of Records
    F. Responsibility for Record Keeping
VI. Access to AID Records
VII. Issues for Reform

CHAPTER 13: DUTIES OF AID RECORD KEEPERS
I. Observations
    A. General
    B. Extent of Duty
II. Geneticist’s Advice
III. Our Approach
    A. Maintenance of AID Records
    B. Duty to Advise of Risk
IV. Issues for Reform

CHAPTER 14: RETROSPECTIVITY OF RECORD KEEPING LEGISLATION
I. Observations
II. Issue for Reform

CHAPTER 15: REGISTRATION OF BIRTHS OF AID CHILDREN
I. The Paternity Issue
II. Ethics and Morality in Birth Registration
III. Statutory Provisions
    A. General
    B. Unlawful Practices
IV. Statistical Information - New South Wales
V. Effect of Recent AID Legislation
VI. Issue for Reform

CHAPTER 16: SEX SELECTION
I. History of Sex Selection
II. Techniques and Research
III. Sex Selection and Social Change
IV. Legislation and Law Reform
V. Issues for Reform

CHAPTER 17: CONSENTS AND COUNSELLING
I. Introduction
II. Consent to AID by Husband of Recipient
    A. Policy Considerations
      1. General
      2. Approaches of Other jurisdictions
      3. Our Approach
    B. The Paternity Issue
    C. Form of Consent
III. Consent to AID by Recipient
IV. Consent to Semen Donation
V. Counselling
    A. General
    B. Approaches of Other jurisdictions
    C. Our Approach
VI. Issues for Reform
    A. Consent
    B. Counselling

CHAPTER 18: LEGAL LIABILITY AND IMMUNITY OF MEDICAL PERSONNEL
I. Liability Under the Present Law
II. Need for Law Reform
    A. General
    B. Rights of Semen Donors
    C. Immunities of Medical Personnel
    D. Damages for Wrongful Birth and Wrongful Life
III. Issues for Reform

CHAPTER 19: LEGAL LIABILITY OF DONOR AND RECIPIENT COUPLE
I. Donor
II. Recipient Couple
III. Issues for Reform

CHAPTER 20: ARTIFICIAL INSEMINATION BY HUSBAND'S SPERM (AIH)
I. General
II. Birth Registration and Paternity
    A. The Present Law
    B. The Inheritance Issue
    C. Further Issues
    D. Our Approach
III. Issues for Reform

CHAPTER 21: CONFIDENTIALITY OF AID INFORMATION
I. Duty of Confidentiality
    A. General
    B. The Need for Statutory Intervention
    C. Our Approach
    D. “Known” or “Identified” Donors
II. Summary
III. Issues for Reform

CHAPTER 22: DOMINION, CONTROL AND OWNERSHIP OF STORED SPERM
I. Property in Human Tissue
    A. General
    B. The Issue in Relation to AI
II. Property in Human Semen
    A. General
    B. Control of Donated Semen
    C. Disposal of Stored Semen
III. Issues for Reform

CHAPTER 23: AN ADVISORY COMMITTEE ON AI
I. Our Approach to Regulation
II. The Need for an Advisory Committee
    A. Flexibility of Regulation
    B. Expedition of Decision-Making
III. Other Advisory Bodies
IV. Issue for Reform

TABLE OF STATUTES
TABLE OF CASES


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