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Malcolm Smith |
Higher Degree Research StudentLLB (Hons), LLM Contact: Room: C Block Level 3 (Gardens Point campus) Enrolment:PhD (Full time) Thesis Title:Inconsistency and uncertainty for saviour sibling and fertility laws: time for a uniformed approach? Thesis Abstract:Scientific discoveries, developments in medicine and health issues are the constant focus of media attention and the principles surrounding the creation of so called ‘saviour siblings’ are of no exception. The term saviour sibling is relatively new and has been defined as ‘a child who is born with genetic characteristics specifically designed to treat the illness of an existing brother or sister’. Advances in the practice of assisted reproductive technology (ART) have enabled fertility clinics offering in vitro fertilisation techniques, to screen embryos created in treatment cycles. This enables them to determine whether a particular embryo would go on to develop as a child with compatible tissue to an existing ill-sibling. Once the child is born, the blood stem cells from the umbilical cord or bone marrow from the child could potentially cure the existing ill-sibling following a successful transplantation. The current regulation of ART in Australia is complex. Only three jurisdictions have enacted legislation to deal with the issues, and the remaining jurisdictions rely on guidelines issued by the National Health and Medical Research Council and the Fertility Society of Australia. This has resulted in some inconsistencies in the way the regulation operates in Australia, and in particular, some limitation on the creation of so called ‘saviour siblings’. The thesis plans to examine the regulation in Australia and the United Kingdom and to establish whether the law should permit access to IVF services for those seeking to create tissue matched children as a cure for an existing ill-child. This inevitably requires an analysis of both the legal regime, and the social and ethical considerations which arise when using IVF procedures for such purposes. Publications:Smith, Malcolm K. (2008) 'Reviewing regulation of assisted reproductive technology in New South Wales: The Assisted Reproductive Technology Act 2007 (NSW)' Journal of Law and Medicine 16(2), 120-31. Smith, Malcolm K. (2007) Reviewing Access to Assisted Reproductive Technology for the Creation of 'Saviour Siblings': Limits on the Basis of Genetic Disposition? In Proceedings The Australasian Bioethics Association and The Australian and New Zealand Institute of Health, Law and Ethics Joint Conference 2007. Health, Bioethics and the Law: Inclusions and Exclusions, Melbourne, Australia Smith, Malcolm K. (2007) Revisiting Old Ground in Light of New Dilemmas: The Need for Queensland to Reconsider the Regulation of Assisted Reproductive Technologies. Queensland University of Technology Law and Justice Journal 7(2) Why I chose to study at the Faculty of Law:As an international student, QUT appealed to me for a number of reasons. The Faculty of Law has a great reputation in Australia and I received excellent support from my prospective supervisors before I formally enrolled in the PhD program. My supervisory team have an excellent reputation in their disciplines and play an active role in contributing to academic literature and material within the health law field. The Law Faculty is set in the heart of Brisbane and the campus is ideally located and offers great facilities. Biography:Malcolm completed his law degree in 2003 at the University of Greenwich, London. With a keen interest in medical law, he went on to complete his masters in 2004 at Nottingham Law School, majoring in health law. During that same year Malcolm had a summer placement with a leading healthcare law firm based in London. In 2005 Malcolm began work for a hospital in London, managing the clinical negligence and employers’ liability case load and investigating the claims made against the Trust. After securing an International Postgraduate Research Scholarship, Malcolm moved to Brisbane in June 2006 to commence his PhD studies. Units currently taught:Malcolm is also employed as a sessional academic staff member at the QUT Law School and teaches on the following units: |
