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Regulating Relations: Forming Families Inside and Outside Law's Reach

Funding: 2015: $99,753
2016: $117,000
2017: $106,500
2018: $100,000

Project Member(s): Millbank, J., Karpin, I., Stuhmcke, A.

Funding or Partner Organisation: Australian Research Council (ARC Discovery Projects)

Start year: 2015

Summary: Australia is wrestling with the complex challenges posed by the increase in cross border reproductive care. This project asks: what are the causes, and consequences of, Australians being excluded from, or choosing to evade, regulated assisted reproductive treatment? The research will identify barriers to the pathways into licensed assisted reproductive treatment and motivations for evasion of regulation through a series of interlinked case studies reflecting the life-cycle of family formation in assisted conception. The aim is to develop solutions for more responsive legal frameworks that encourage beneficial clinical and ethical practices and contain harmful ones through inclusion rather than exclusion.


Millbank, J 2019, 'What is the Responsibility of Australian Medical Professionals Whose Patients Travel Abroad for Assisted Reproduction?', Medical Law Review, vol. 27, no. 3, pp. 365-389.
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Millbank, J 2018, 'The role of professional facilitators in cross-border assisted reproduction', Reproductive Biomedicine and Society Online, vol. 6, pp. 60-71.
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Karpin, IA 2017, 'Regulating Reproduction' in Farrell, AM, Devereux, J, Karpin, I & Weller, P (eds), Health Law Frameworks and Context, Cambridge University Press, Cambridge, UK, pp. 162-179.

Jackson, E, Millbank, J, Karpin, I & Stuhmcke, A 2017, 'Learning from Cross-Border Reproduction.', Medical law review, vol. 25, no. 1, pp. 23-46.
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Millbank, J 2017, 'Exploring the Ineffable in Women's Experiences of Relationality with their Stored IVF Embryos', BODY & SOCIETY, vol. 23, no. 4, pp. 95-120.
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Millbank, J 2017, 'Reflecting the ‘Human Nature’ of IVF Embryos: Disappearing Women in Ethics, Law, and Fertility Practice', Journal of Law and the Biosciences, vol. 4, no. 1, pp. 70-93.
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Millbank, J, Stuhmcke, A & Karpin, I 2017, 'Embryo donation and understanding of kinship: the impact of law and policy.', Human Reproduction, vol. 32, no. 1, pp. 133-138.
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Millbank, J 2015, 'Responsive Regulation of Cross Border Assisted Reproduction', Journal of Law and Medicine, vol. 22, no. 3, pp. 346-364.

Stuhmcke, AG 2015, 'The regulation of commercial surrogacy: The wrong answers to the wrong questions', Journal of Law and Medicine, vol. 23, no. 2, pp. 333-345.

Keywords: assisted reproductive technology regulation, cross border reproductive care, ethical and clinical safeguards in fertility treatment

FOR Codes: Health Policy Evaluation, Law Reform, Family Law, Law and Society, Health Promotion, Civil Justice