No clergyperson was forced to do so — the change in policy was permissive rather than prescriptive. However, the Surrogacy Arrangements Act makes it impossible for couples seeking a surrogate to draw up a binding contract recognised by the UK courts. What has happened in the US? In the UK, surrogacy is based on trust as contracts are unenforceable. In the past Nepal, Thailand and Mexico offered an affordable route to parenthood, and financial security for the surrogates, but they are also clamping down. The policy gives permission for Presbyterian clergy to marry same-sex couples but clearly states no clergyperson could be compelled to perform same-sex marriages. Such discretion is protected by the religious freedoms granted to clergy.
What is clear, however, is that no-one can compel any official church leader in Australia to perform marriages against its own policy, and no church will be forced to change its current marriage policy, rituals or doctrines. The changing international situation has led to renewed calls for the UK to do more to promote domestic surrogacy. It is an invitation to revisit their marriage policies and consider whether or not they want to extend their respective religious marriages to same-sex couples. Outside of the UK, gay and lesbian couples have long found themselves barred from accessing surrogacy services by most countries, with the exception of several US states and Canada. But, as countries outlaw access to surrogacy for foreigners, parental options are becoming increasingly limited and, in some cases, children born by surrogates for UK parents, or embryos ready for implanting, have ended up in limbo. No clergyperson was forced to do so — the change in policy was permissive rather than prescriptive. In the past Nepal, Thailand and Mexico offered an affordable route to parenthood, and financial security for the surrogates, but they are also clamping down. The dynamics described above are different when it comes to individuals working in the secular space or organisations such as religious private schools. Concerns over religious freedom cannot be dismissed too lightly, but neither should they be overstated. While I disagree with the decision of the clergyman in question, he is free to refuse on these grounds. They cite figures suggesting that almost three-quarters of surrogates oppose current UK law, which allows them to change their mind about handing over the baby. After same-sex marriage was legalised in the US, two Christian churches did exactly that. Recently we witnessed the case of a Victorian Presbyterian minister who refused to marry a couple because of their views on marriage equality. In the UK, surrogacy is based on trust as contracts are unenforceable. While nothing will have to change for the church and therefore there is nothing to fear from a change to civil law, religious organisations are faced with a new opportunity should civil law change. She is an ordained Uniting Church minister. Almost two-thirds of all UK parental orders — legal rights conferred on parents who have commissioned a child from a surrogate — are now for a baby born overseas. The issue of compensation levels for surrogates should also be debated. Ottolenghi would welcome reforms that help to make surrogacy more attractive to people in the UK. His protection under Australian law is assured — a fact supported by Prime Minister Malcolm Turnbull, who said: That same year, the US Presbyterian Church also amended its marriage policy to affirm marriage is a "unique commitment between two people, traditionally a man and a woman, to love and support each other for the rest of their lives". What has happened in the US? It would save everybody time, money and many anxious moments. These are just two examples of many around the world, although Christian churches who marry same-sex couples are still the minority within the global Christian tradition. The policy gives permission for Presbyterian clergy to marry same-sex couples but clearly states no clergyperson could be compelled to perform same-sex marriages. Hence, if one thinks the couple is too young, not prepared, has rushed into the decision, or suspects any kind of abuse, they can refuse to marry them or require them to undergo counselling or something similar beforehand. Because of this, people look at Canada and the US.
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