Surrogacy, Law and Human Rights
Paula Gerber and Katie O’Byrne (eds); Ashgate, 2015; 238 pages; $125 (hardback)
When I went to uni to study law back in the ’80s, I never imagined that I would ever run a case arguing when life began. It was one of those joke questions that we law students would say to each other. I did however have such a case in 2012, when I persuaded a judge that the conception of a child occurred not at the time of fertilisation of the embryo, but at the commencement of pregnancy.
A disaster was avoided. The question of when the child was conceived in law was essential. If conception had been when the fertilisation of the embryo had occurred, and not at pregnancy, an order transferring parentage to the intended parents could not have been made. Luck was on our side and the judge agreed with my analysis. The case illustrates the bigger point — that the law is playing catch up with big changes in society.