This petition hopes to draw attention to the Queensland Goverment that the planned changes to the Surrogacy Laws are bias and unfair to those who are single who wish to be a parent or members of the LGBTIQ Community.
This is given on the grounds that:
1. “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” Which is the first article of the United Nations Universal Decleration of Human Rights; and by taking this right away would be a Human rights violation
2. As many Psychological and Paediatric society’s across the world have condoned: Homosexuality is not a mental disorder and therefore cannot be used as an excuse to revoke rights to raise children.
3. Many studies have been conducted regarding the development of children raised by same sex parents and all findings have been conclusive that the children are in no way phycologicaly affected from being raised by same-sex parents, are no diffrent then a child of a heterosexual couple and that if anything it develops children who are more culturally competed and tolerant then those raised by a hetrosexual couple.
3. Prevent the goverment from revoking rights based on Christian Lobbies Claim that: Gay Couples and Single People not able to raise children with the same amount of love and care as those in a Heterosexual Relationship on the grounds off.
3.1 Many gay couples and single parents keep a firm relationship with the birth mother on an “Aunty” Arrangement
3.2 Considering, In order for a couple to have a child via a surrogate they need to speak with lawyers, undergo blood tests, counselling, IVF, more counselling… then if you manage to have a child you then have to have more counselling and a report to say if you are fit parents, get a lawyer to go to court for you and get a parenting order… Any child that requires so much work, money, planning and effort is going to be loved and wanted.
4. In Australia we have a Federal system, there will be conflicting State and Federal laws. To overcome this impasse, section 109 of the Commonwealth Constitution provides for the Commonwealth law to override the State law:
"When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid."
Section 22 of the Commonwealth Sex Discrimination Act provides that someone providing a service must not discriminate on the basis of marital status. This section has previously been relied on in cases in South Australia and Victoria to overcome State legislation that said that doctors could only treat women who were married. In one case the woman had separated form her husband. In the other, the woman was single.
The proposed Queensland laws would make it an offence, punishable by up to 3 years imprisonment, to enter into a non-eligible surrogacy arrangement. An "eligible surrogacy arrnagement" can only be entered into by a married couple or a heterosexual de facto couple who have been together 2 years or more. Therefore, the proposed laws say that if you are not married or do not fit the latter category, then you cannot seek surrogacy as you will be committing a criminal offence. If you are an intended parent who is single (including separated or widowed) , or in a same sex relationship, or in a heterosexual relationship of less than 2 years, you will commit a criminal offence if you proceed with a surrogacy arrangement.