Family Law Reform Essay

Summary:

The legal system is constantly changing in order to achieve justice, but these changes do not always lead to justice. This is demonstrated in contemporary issues concerning family law, such as surrogacy, care and protection of children, and domestic violence. Although the legal system has amended these issues, it is not constantly changing, creating injustice for individuals. Commercial surrogacy remains illegal in NSW despite the Surrogacy Act 2010, and the care and protection of children are still an issue despite the Child Protection Legislation Amendment Act 2014. Domestic violence is still prevalent in Australia despite the Crimes Legislation Amendment Act 2018. While the legal system has passed laws regarding these issues, it is not constantly amending legislation to achieve justice.

Excerpt:

Family Law Reform Essay

‘The legal system is constantly changing as it seeks to achieve justice.’
Evaluate this statement with respect to at least one contemporary issue concerning family law.

The legal system is constantly changing as it seeks to achieve justice through law reforms regarding surrogacy, care and protection of children, and parental responsibility. It is the government’s obligation to respond and act on injustice to meet the needs of society. However, its changes have not always been able to achieve justice. After amendments such as the Surrogacy Act 2010, commercial surrogacy still remains illegal in NSW, creating difficulties for individuals in securing altruistic surrogacy. Child abuse and domestic violence reports have increasingly risen, which has caused society to be concerned for their rights. This is conveyed through legislation, case studies, reports, etc.

Surrogacy is an arrangement, often supported by a legal agreement, whereby a woman agrees to delivery/labour for another person or people who will become the child’s parent after birth. Commercial (rewarded) surrogacy is illegal in NSW under the Assisted Reproductive Technology Act 2007 (NSW). Prior to the Surrogacy Act 2010, cases of children born through surrogacy did not recognise the biological parents as the legal guardians of the child but instead considered the surrogate mother to be the parent due to the Status of Children Act 1996 (NSW) and the Family Law Act 1975 which presumes child’s legal parent to be the birth mother.