scholarly journals Who's bringing up baby: Developing a framework for the transfer of legal parenthood in surrogacy arrangements

2021 ◽  
Author(s):  
◽  
Kate Henderson
Keyword(s):  
New Zealand ◽  
Assisted Reproductive Techniques ◽  
Ethical Principles ◽  
Law Reform ◽  
The Status ◽  
Surrogacy Arrangement ◽  
Reproductive Techniques ◽  
The Law ◽  
Comprehensive Framework

<p>Surrogacy arrangements defy traditional definitions of parenthood and pose challenges in determining who should be recognised as legal parents. This is exacerbated by the use of assisted reproductive techniques which allow for the separation of genetic, gestational and intentional parenthood, creating questions about the comparative value of these contributions. This paper identifies that New Zealand legislation dealing with parentage in surrogacy, primarily the Adoption Act 1955 and the Status of Children Act 1969, never contemplated surrogacy arrangements and requires strained interpretation to avoid perverse results. The paper critiques two proposals for reform: the Law Commission’s recommendations in the 2005 New Issues in Legal Parenthood Report, and the framework suggested in the Care of Children (Adoption and Surrogacy Law Reform) Amendment Bill. This paper concludes that the proposed Amendment Bill shows promise, however should incorporate the Law Commission’s 2005 recommendations to provide a truly comprehensive framework. This framework should focus on giving effect to the intentions of parties to a surrogacy arrangement, while ensuring the interests of the surrogate are protected and the arrangement is carried out in accordance with recognised ethical principles. It is additionally important that children have an opportunity to know their genetic and/or biological background.</p>

scholarly journals Who's bringing up baby: Developing a framework for the transfer of legal parenthood in surrogacy arrangements

2021 ◽  
Author(s):  
◽  
Kate Henderson
Keyword(s):  
New Zealand ◽  
Assisted Reproductive Techniques ◽  
Ethical Principles ◽  
Law Reform ◽  
The Status ◽  
Surrogacy Arrangement ◽  
Reproductive Techniques ◽  
The Law ◽  
Comprehensive Framework

<p>Surrogacy arrangements defy traditional definitions of parenthood and pose challenges in determining who should be recognised as legal parents. This is exacerbated by the use of assisted reproductive techniques which allow for the separation of genetic, gestational and intentional parenthood, creating questions about the comparative value of these contributions. This paper identifies that New Zealand legislation dealing with parentage in surrogacy, primarily the Adoption Act 1955 and the Status of Children Act 1969, never contemplated surrogacy arrangements and requires strained interpretation to avoid perverse results. The paper critiques two proposals for reform: the Law Commission’s recommendations in the 2005 New Issues in Legal Parenthood Report, and the framework suggested in the Care of Children (Adoption and Surrogacy Law Reform) Amendment Bill. This paper concludes that the proposed Amendment Bill shows promise, however should incorporate the Law Commission’s 2005 recommendations to provide a truly comprehensive framework. This framework should focus on giving effect to the intentions of parties to a surrogacy arrangement, while ensuring the interests of the surrogate are protected and the arrangement is carried out in accordance with recognised ethical principles. It is additionally important that children have an opportunity to know their genetic and/or biological background.</p>

In search of a privacy action against breaches of physical privacy in Hong Kong

2018 ◽  
Vol 47 (4) ◽  
pp. 225-247
Author(s):  
Jojo YC Mo
Keyword(s):  
Hong Kong ◽  
New Zealand ◽  
Private Information ◽  
Common Law ◽  
Law Reform ◽  
Confidential Information ◽  
Canadian Province ◽  
Privacy Laws ◽  
The Law

The focus of privacy laws in Hong Kong has always been on the use and dissemination of personal or confidential information, but a person’s privacy can also be intruded by unwanted watching or listening irrespective of whether information is collected or used. Despite an attempt to introduce two privacy torts by the Law Reform Commission of Hong Kong in 2004, there is no timetable as to when these two statutory torts be introduced. Recognition has been afforded for intrusions upon seclusion or solitude in a number of jurisdictions including New Zealand and the Canadian province of Ontario. In England, an intrusion tort has not been separately recognized, but the decision in Gulati v MGN confirmed that damages may still be awarded for an action for misuse of private information in instances where there is no disclosure or publication of the wrongfully acquired information. This article looks at the possibility of developing a common law action of privacy in Hong Kong which affords protection regardless of whether private information is acquired or published by drawing insights to the developments in New Zealand and England.

Conducting Law Reform Research: A Comparative Perspective

2007 ◽  
Vol 28 (2) ◽  
Author(s):  
Angela Melville
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Legal Reform ◽  
Law Reform ◽  
Technical Process ◽  
Legal Norms ◽  
Efficiency And Effectiveness ◽  
The Law ◽  
Law Commission

AbstractLaw Reform Commissions are permanent bodies which operate in common law countries, and are charged with the task of recommending law reform. The Commissions conduct research into the need for law reform, and it appears this research is guided by a common set of broad principles. A comparison of the ways in which the New Zealand Law Commission and the recently defunct Law Commission of Canada put these principles into practice reveals that different Commissions use different approaches when putting these principles into practice.These different approaches reflect the ways in which the role of law within society and the role of the Law Commissions in shaping the law are conceived. For some Commissions, legal reform is a technical process driven by a desire for increased efficiency and effectiveness. For other Commissions, legal reform is seen as directing, rather than merely reflecting, social and legal norms, and is self-consciously aimed towards achieving the goals of social justice.

The Law Reform Enterprise in New Zealand

2006 ◽  
Vol 32 (3) ◽  
pp. 373-380
Author(s):  
Geoffrey Palmer
Keyword(s):  
New Zealand ◽  
Law Reform ◽  
The Law

‘If you look after me, I will leave you my estate’: The enforcement of testamentary promises in England and New Zealand

Legal Studies ◽  
2000 ◽  
Vol 20 (1) ◽  
pp. 85-103
Author(s):  
Sarah Nield
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Law Reform ◽  
Flexible Approach ◽  
Unpaid Care ◽  
The Face ◽  
The Common ◽  
The Law ◽  
Personal Context

Occasionally, a case comes to court in which a disappointed relative or other carer seeks the enforcement of a promise made by a testator to leave them all or part of their estate if the relative or other carer looks after them or provides some other service. This article compares and contrasts the courts’ response, in England and in New Zealand, to the enforcement of these testamentary promises. In England the courts have struggled to provide redress with the tools available from the common law and equity. Despite an array of possible remedies from contract to estoppel and restitutionary remedies, few claimants have proved successful. The sanctity of testamentary freedom and formalities has prevailed over the injustice caused to the disappointed carer. Yet in New Zealand testamentary promises are commonly enforced under the Law Reform (Testamentary Promises) Act 1949, a statute passed specifically to loosen the grip of testamentary freedom in the, face of such promises. Under the influence of this statutory impetus, the New Zealand courts have shown a liberal and flexible approach to the interpretation of this statute that is both interesting and enlightening. They have recognised that in the personal context of the testamentary promise traditional notions of contractual promises and consideration or detrimental reliance need to be rethought. Perhaps it is time for us also to rethink our approach to the treatment of those who provide unpaid care or other services when they have been led to expect some sort of testamentary recompense.

scholarly journals Prawo do zapłodnienia in vitro w Polsce i na świecie

2018 ◽  
pp. 161-174
Author(s):  
Ewa Łowińska
Keyword(s):  
In Vitro Fertilization ◽  
Legal Regulation ◽  
International Standards ◽  
Assisted Reproductive Techniques ◽  
Gamete Donation ◽  
Vitro Fertilization ◽  
The Status ◽  
Reproductive Techniques ◽  
Different Levels

In vitro fertilization involves many issues that need to be regulated by law. The main one is the status of the embryo and arising from it other concerns such as cryoconservation of embryos, assisted reproductive techniques, gamete donation, surrogacy, or preimplantation diagnosis. This paper surveys the legal regulation of in vitro fertilization at different levels of the law systems, from international standards, through regional regulations, to the national law.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

Pathways ahead for New Zealand hill country farming

2016 ◽  
Vol 78 ◽  
pp. 73-82 ◽  
Author(s):  
F.G. Scrimgeour
Keyword(s):  
New Zealand ◽  
Rural Communities ◽  
New Technologies ◽  
Service Providers ◽  
Farming Systems ◽  
Hill Country ◽  
The Status ◽  
And Performance ◽  
Hill Farming ◽  
The Hill

This paper provides a stocktake of the status of hill country farming in New Zealand and addresses the challenges which will determine its future state and performance. It arises out of the Hill Country Symposium, held in Rotorua, New Zealand, 12-13 April 2016. This paper surveys people, policy, business and change, farming systems for hill country, soil nutrients and the environment, plants for hill country, animals, animal feeding and productivity, and strategies for achieving sustainable outcomes in the hill country. This paper concludes by identifying approaches to: support current and future hill country farmers and service providers, to effectively and efficiently deal with change; link hill farming businesses to effective value chains and new markets to achieve sufficient and stable profitability; reward farmers for the careful management of natural resources on their farm; ensure that new technologies which improve the efficient use of input resources are developed; and strategies to achieve vibrant rural communities which strengthen hill country farming businesses and their service providers. Keywords: farming systems, hill country, people, policy, productivity, profitability, sustainability

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