Australian Family and Fertility Law

Why Australia Needs a Human Rights Act

Stephen Page

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Australia is the ONLY Western democracy without a national human rights act—so why are courts overseas protecting reproductive freedom while we're falling behind?

While Canada, the US, the UK, and New Zealand have all enshrined human rights protections in law, Australia remains the odd one out. And the stakes? They're higher than you think—especially when it comes to IVF, surrogacy, and your right to start a family.

In this episode of the Australian Family and Fertility Law Podcast, Stephen Page of Page Provan Family and Fertility Lawyers reveals why this legal gap matters, drawing on real cases and landmark international rulings that Australia needs to learn from.

🔑 In this podcast, you'll discover:

Why a Queensland prisoner's fight to freeze her eggs exposes the dangers of Australia's legal framework

How courts in Mexico, Colombia, and Europe are protecting surrogacy access—while Australia lags behind

The shocking case from India where everyone lost: the surrogate exploited, the intended parents exploited, the child with no honest explanation of how they came into existence

What the Inter-American Court of Human Rights says about the right to access surrogacy

How Stephen Page convinced South Australia to embed human rights protections into the Surrogacy Act 2019 (and why other states still haven't caught up)

Why common law isn't enough—parliament can override it anytime

This isn't just legal theory. It's about protecting everyone involved in the surrogacy journey: the surrogate, the intended parents, and the child.

📌 For more on human rights and surrogacy law: 🔗 https://www.pageprovan.com.au

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💬 What's your take? Should Australia have a national human rights act? Drop your thoughts below.

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