Guardianship, not paternalism: A different way to think about surrogacy and the state

Before the NSW Legislative Council even asked its first question, we made a deliberate choice: to shift the entire frame of the hearing. In this short episode, Emma and Megan discuss the opening statement we delivered to the inquiry, and the political philosophy driving it.They explore what it means to say that parliamentarians hold power but not rights against the citizens they represent; why guardianship and paternalism are fundamentally different ideas, and why that distinction matters enormously in the surrogacy debate; and how accepting the framing of 'fertility support' stewardship quietly forecloses the most important question of all — whether this market should exist at all.If you have ever wondered why the opening move in an inquiry matters as much as the evidence that follows, this conversation explains it.This podcast provides general information and opinion only and does not constitute legal advice. Listeners should seek independent, professional legal advice before acting on any matters discussed. The hosts and AAWAA accept no liability for decisions made based on this content.