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78041 New Families, New Technologies

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78142 New Families, New Technologies

Description

This subject explores the multiple legal dimensions regulating families formed with the assistance of reproductive technologies. These dimensions include health and legal regulations governing the provision of reproductive technologies, ethical practice and contractual rights of individuals during treatment, direct legal regulation of practices such as surrogacy and the parental status of children. While this subject complements subjects such as the biomedical law subjects and 77734 Law and Medicine, its focus is firmly on the recipients rather than the providers of new reproductive technologies. The subject's approach centers family formation and recognition of family relationships formed through non-traditional means. Adoption and international adoption are also considered for this reason. The main focus is on current Australian law, but international comparative material and future Australian reform options are also discussed.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. demonstrate an overview of all Australian state and federal law regulating the status of families formed through non-traditional methods and the ways in which these laws inter-relate;
2. demonstrate a critical, analytical and cross doctrinal approach to understanding and solving legal problems;
3. demonstrate high level legal research skills;
4. understand the relationship between legal and nonlegal forms of regulation in the field.

Teaching and learning strategies

The course uses an interactive student-centred teaching and learning model emphasising reading and in-person discussion as the path to in-depth rather than surface learning.

A reading guide, discussion questions and reading materials is also provided and will be made available in advance on UTS Online to enable preparation. Students will also be able to use discussion forums on UTS Online to interact between classes.

Strategy 1 Discussion based classes.
Strategy 2 Set materials provide the backdrop and context for discussion.
Strategy 3 Case studies are utilised to provide an in-depth method of analysis and practical application.


Subject Delivery
This course is taught through interactive seminar style learning in an intensive format suited to postgraduate students. We will have four days of classes in total, divided into two Friday and Saturday all-day intensives that are set several weeks apart to allow for reading and reflection in between.

Do not expect your instructor to lecture you in a formal manner; rather she will outline general issues and guide discussion. You must assume responsibility for much of your own learning by reading in advance and considering the issues raised by the readings. Students will also bring to the course a range of their own practical experience.

Classes provide an opportunity to discuss what you have read, to evaluate your reading from new perspectives and to share your ideas, thoughts and concerns with your colleagues. In the final session of the intensive we will also have the opportunity to workshop research ideas.

Content (topics)

  1. REGULATING REPRODUCTIVE TECHNOLOGIES
    1. Why regulate?
    2. How to regulate? Legislation and inter-action with ethical regulation
    3. Case studies – Legislation, guidelines or clinical judgment?
    4. Responses to Restrictive Regulation - Importation and export of gametes and embryos, travel elsewhere
  2. PARENTAGE
    1. The federal/state division of powers - Parental status and parental responsibility
    2. Lack of consent or relationship breakdown
    3. Parentage other than by Assisted Conception
    4. The status of sperm and egg donors.
    5. Intended parents and genetic parents in child-related disputes
    6. Recognition Measures for Non-Birth mothers in same-sex couples
    7. Information disclosure regimes.
    8. Embryo disputes.
  3. REGULATING SURROGACY
    1. Introduction
    2. Commercial v Altruistic
    3. Direct Regulation of Surrogacy
    4. Indirect Regulation of surrogacy through ART
    5. Parentage status
    6. International aspects
    7. Transfer of parental status following surrogacy.
    8. Disputes
  4. ADOPTION
    1. Introduction
    2. Over-ruling Consent, Open Adoption, Issues of Race and Attachment
    3. International

Assessment

Assessment task 1: Class Participation

Weight: 20%

Assessment task 2: Research Essay Plan

Weight: 10%

Assessment task 3: Research Essay

Weight: 70%