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Parentage Laws under the Family Law Act

Citation

Rundle, OC, Parentage Laws under the Family Law Act, Law Council of Australia (2013) [Contract Report]


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Abstract

My submission starts by highlighting some of the problems with the current legislative framework. I then identify potential approaches to law reform. My three main arguments, which are developed throughout my submission, are as follows: 1. There should be consistency in who is regarded as a childís parent; ideally consistency between state, territory and Commonwealth laws but at least consistency for the purposes of all Commonwealth law. 2. A biological test of parentage is problematic where a child has been conceived via Assisted Reproductive Technologies (ART). 3. Because of the great diversity of intended family forms created via ART, the intention of participants at the time of conception should be relevant in determining parentage questions in these circumstances. (i) Whether the provisions of Part VII of the FLA that deal with the parentage of children lead to outcomes that are appropriate, non-discriminatory and consistent for children. I believe that the answer to the first part of the Attorney-Generalís reference is emphatically "no": that, for some children, the current provisions in Part VII of the FLA lead to outcomes that are inappropriate, discriminatory or inconsistent.

Item Details

Item Type:Contract Report
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Family Law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the Law
Objective Field:Justice and the Law not elsewhere classified
Author:Rundle, OC (Dr Olivia Rundle)
ID Code:86698
Year Published:2013
Deposited By:Law
Deposited On:2013-10-14
Last Modified:2014-09-10
Downloads:0

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