Professor Sonia Allan OAM

Professor - School of Law

Phone: +61 2 6773 4578

Biography

Professor Sonia Allan OAM has multi-disciplinary training and experience in psychology, public health, and the law. She has worked in academia, law reform, and as a consultant for more than 20 years, and prior to that in a variety of legal and healthcare settings.

Sonia’s research focuses upon health law, the regulation of existing and emerging health technologies (for example, assisted reproduction, artificial intelligence, cloning, medicines, and therapeutic devices), and public and global health law. She has published widely across these areas. Sonia has also led major legislative reviews for the South Australian and Western Australian governments on assisted reproduction and surrogacy.

Sonia’s work has contributed to law reform and changes to policy on health issues domestically and internationally. She has presented in international and domestic forums as an expert for the United Nations, the OHCHR, WHO, UNFPA, and Hague Conference on Private International Law.

Sonia is a Churchill Fellow, and a Fellow of the Higher Education Academy (UK). She was a Global Health Law Fellow at Georgetown University, Washington DC where she received the CALI Award for Health and Human Rights Law.

In 2019 Sonia was awarded a Medal of the Order of Australia for her service to the law, and to tertiary education.

Qualifications

Doctor of Philosophy (Law) (Melbourne),

Master of Laws (Global Health) (Dist) (Georgetown),

Master of Public Health (Merit) (Sydney) (LLB (Hons)

BA (Psych)(Hons)

Grad Dip Legal Practice

Sonia also holds graduate certificates in teaching in higher education (Harvard; Deakin), leadership (Cambridge), and regulation (LSE).

Teaching Areas

Torts

Medical Law

Primary Research Area/s

Child Rights; Health Law; Human Rights; Global Health Law; Law Reform; Public Health Law; Regulation of Existing and Emerging Health Technologies (for example, assisted reproduction. donor conception, artificial intelligence in healthcare, genetics, medicines and therapeutic devices).

Research Supervision Experience

PhD students

Hesham Alkhalayleh, (Co-supervisor with Professor Liz Handsley) ‘Restorative Justice as an approach to school bullying: A children’s rights analysis’, Supervision from 2020-2022 (Completed).
Uchechukwu Ngwaba (Associate Supervision of Ph.D. Candidate in Law at Macquarie University, Sydney, Australia). How an engagement with the language of human rights can form the basis for reform of the health care systems of Nigeria. 2014 – 2017 (Completed).
Vanessa White (External Supervision of Ph.D. Candidate in Law at Adelaide University) – Relational aspects of assisted reproduction and the disclosure of information to donor conceived people, 2010-2014 (Completed)

Master by Research (MRes) students

Caitlin Macmillan, Donor Conceived People’s Experiences of Finding out About their Conception, 2016 (Completed)

Honours Students

Annelise Schroder, Restrictive Practices in Mental Health Facilities and the Law’s Role in Regulating such Practices 2021
Kate Carbines, Emergency during childbirth: A veil for reducing a woman’s right to refuse medical intervention 2021.
Stephanie Fehone, The patenting of human genes, implications for access to medical treatment, 2015
Annica Leal, The invisible plaintiff: An examination of maternal liability where religious freedoms conflict with the rights of an unborn child, 2015
Richard Smith, The regulation of end of life decision making, euthanasia and assisted suicide in Australia, 2014

Publications

Articles (Peer Reviewed)

Alisha McGrady, Malcolm Smith, Sonia Allan, ‘Access to assisted reproductive technologies in Australia: Time for legislative change in Queensland and the Northern Territory to remove the ability to discriminate based on relationship status or sexuality’, Journal of Law and Medicine, (2023).
Rafał Łukasiewicz, Sonia Allan, ‘Donor-matching’ in Third-party Reproduction: a Comparative Analysis of Law and Practice in Europe, International Journal of Law, Policy and the Family, Volume 36, Issue 1, 2022, ebac006, https://doi.org/10.1093/lawfam/ebac006
Borsellino, G., Foong, C. and Allan, S. (2021), 'The regulation and governance of clinical trials: past and present considerations to ensure ethical treatment of human participants', Journal of Law and Medicine, vol 28, pp 421 - 438.
Macmillan, C., Allan, S., Johnstone, M. and Stokes, M. (2021), 'The motivations of donor-conceived adults for seeking information about, and contact with, sperm donors', Reproductive Biomedicine Online, vol 43, no 1, pp 149 - 158.
McReery, A. and Allan, S. (2021), 'Donor gamete and surrogacy regulations', O & G Magazine, vol 23, no 1.
Hibino, Y. and Allan, S. (2020), 'Absence of laws regarding sperm and oocyte donation in Japan and the impacts on donors, parents, and the people born as a result', Reproductive Medicine and Biology, vol 19, no 3, pp 295 - 298.
S. Reddy, S.Allan, S. Coghlan, P. Cooper, ‘A governance model for the application of AI in health care’ (2019) Journal of the American Medical Informatics Association, Oxford University Press, pp 1-7.
S Allan, Debra Gook, Yasmin Jayasinghe, ‘The impact of the law in helping or hindering fertility preservation for children with cancer facing gonadotoxic therapies’ (2018), Vol. 26, pp. 322-333, Journal of Law and Medicine, New York, N.Y.
Sonia Allan, ‘Law and Public Health Policy’, in Stella Qua (Ed), International Encyclopedia of Public Health (2^nd Ed, 2017). Elsevier.
Sonia Allan, ‘Donor Identification: Victoria gives rights to all donor-conceived people’, in Australian Institute of Family Law, Family Matters (November 2016).
Sonia Allan, ‘Access to Information about Donors by Donor Conceived Individuals: A Human Rights Analysis’ (2013) 20 Journal of Law and Medicine
655.
Sonia Allan, 'Deciding on Access to Donor-conception Information' (2012) 37(4) Alternative Law Journal 272, 272.
Sonia Allan, ‘Donor Identification 27(12) ‘Kills Gamete Donation’? A Response to Professor Pennings’ (2012) Human Reproduction
3380.
Sonia Allan, ‘Donor Conception, Secrecy, and the Search for Information’ 19(4) Journal of Law and Medicine (June 2012).
Sonia Allan, ‘Gate-keeping Parenthood: The Law and Access to Assisted Reproductive Treatment’ (2012) 2(3) Family Law Review 149.
Sonia Allan, ‘Psycho-Social, Ethical and Legal Arguments For and Against the Retrospective Release of Information about Donors to Donor-Conceived Individuals in Australia’ (2011) 19(1) Journal of Law and Medicine 354.
Sonia Allan, ‘Regulatory Design Strategies and Enforcement Approaches for Research Involving Human Embryos and Cloning in Australia and the United Kingdom: Time for a Change’ (2010) 32(4) Sydney Law Review 617.
Sonia Allan, ‘Recognition of Same-Sex Parenting in Australia: South Australia, the Final Frontier?’ (2010)
35(4) Alternative Law Journal 227.
Sonia Allan and Glenda Jackson, ‘The Whats, Whys and Wherefores of Home Education and its Regulation in Australia’ (2010) 15(1) International Journal of Law and Education 23.
Glenda Jackson and Sonia Allan, 'Fundamental Elements in a Child's Right to Education: A Study of Home Education Research and Regulation in Australia' (2010) 2(3) International Electronic Journal of Elementary Education,
350. http://www.iejee.com/2_3_2010/349-364.pdf
A.Boneh (MD), Sonia Allan, et al. ‘Clinical, Ethical and Legal Considerations in the Treatment of Newborns with Non-Ketotic Hyperglycinaemia’ (2008) 94(2) Molecular Genetics and Metabolism 143-147.
S Magri, Research on Human Embryos and Cloning: Difficulties of Legislating in a Changing Environment and Model Approaches to Regulation, 12(4) Journal of Law and Medicine (May 2005).

Articles (Non-Peer Reviewed)

Damian Adams and Sonia Allan, ‘Building a Family Tree: Donor-Conceived People, DNA Tracing and Donor 'Anonymity'’ 7(2) Australian Journal of Adoption, (2013) (available at http://www.nla.gov.au/openpublish/index.php/aja/article/view/3024/3520)
Sonia Allan, ‘Same Sex Relationships in Australia' (2011) 23(4) Legal Date, 5.
Sonia Allan and Glenda Jackson, 'Home Education and Policy' (2010) 19(4) Australian Council for Educational Leaders Directions in Education.
S. Magri, 'Research on Human Embryos, Stem Cells and Cloning: One Year since the Passing of Australian Federal Legislation' (2003) 10 Murdoch University E Law Journal.

Books

Sonia Allan, Law and Ethics for Health Professionals, (2019) Elsevier Australia.
Sonia Allan and Meredith Blake, Australian Health Law (2018) Lexis Nexis, Australia
Sonia Allan, Donor Conception, and the Search for Information: From Secrecy and Anonymity to Openness (2017) Routledge, Taylor and Francis, Oxford.
Sonia Allan and Meredith Blake, The Patient and the Practitioner: Health Law and Ethics in Australia
(2014) Lexis Nexis, Australia.

Book Chapters

Sonia Allan 'Family building through embryo donation, donor insemination and surrogacy –the Australian situation' in Beier/Brügge/Thorn/Wiesemann, Assistierte Reproduktionsmedizin mit Hilfe Dritter (Arbeitstitel) (Springer, 2020)
Sonia Allan, ‘Public Health Law’ in Ian Freckelton Tensions and Trauma in Health Law (2017) (invited)
Sonia Allan, ‘Assisted Reproduction: Emerging Technologies Ethics, Regulation and Practice’ in Ian Freckelton Tensions and Trauma in Health Law (2017) (invited)
Sonia Allan, 'The Surrogate in Commercial Surrogacy: Legal and Ethical Consideration'. (2015) in Paula Gerber (Ed) Surrogacy, Human Rights and the Law (Ashgate Publishing, United Kingdom). (invited)
Sonia Allan, ‘Screening Applicants for Assisted Reproduction’ in Nicky Praulx (Ed) Ethics Law and Society 2013 United Kingdom, Ashgate Publishing.

Book Contributions (Other)

Butterworths, Encyclopedic Legal Dictionary
(6^th Ed. 2016) (Author of definitions for medical law, assisted reproduction, surrogacy terms); (5^th Ed, 2014) (Author of definitions for general legal terms, for the law of negligence, medical law); (4^th Ed, 2011) (Author of general legal definitions for the law of negligence).

Occasional Papers

J. Seymour and S. Magri, ART, Surrogacy and Legal Parentage: A Comparative Legislative Review
(2004). Occasional Paper commissioned by Victorian Law Reform Commission.

Reports

Sonia Allan, Donor Conception Register South Australia, A. Safe Access Principles; and B. Operational Support Model (Report),
2022. (Provided to the South Australian Minister for Health).
Allan, S., Amato, P., Balaban, B., Banker, M., Buster, J., Capalbo, A., Chapman, M., Horton, M. et.al. International Federation of Fertility Societies’ Surveillance (IFFS) 2022: Global Trends in Reproductive Policy and Practice, 9^th Edition (A tri‐annual survey and report on global trends in reproductive technology policy and practice).
Sonia Allan, ‘Mental Health Services and Shared Care: What should safe, quality and coordinated care look like? The tragedy of Sabrina Di Lembo, lessons learnt, and actions needed.’ 16 June 2019. (Report written at the request of the Director of the NT Top End Mental Health Service (TEHMS)
Allan, S., Balaban, B., Banker, M., Buster, J., Horton, M., Miller, K., Mocanu, E., Ory, S., Pai, H., Poel, S. and Zegers-Hochschild, F. (2019), 'International Federation of Fertility Societies' Surveillance (IFFS) 2019: Global Trends in Reproductive Policy and Practice, 8th Edition', Global Reproductive Health, vol 4, no 1 , pp 1 - 138.
Sonia Allan, The Review of the Western Australian Human Reproductive Technology Act 1991 and the Surrogacy Act 2008 (Part 1) (Jan 2019)
Sonia Allan, The Review of the Western Australian Human Reproductive Technology Act 1991 and the Surrogacy Act 2008 (Part 2) (Jan 2019)
International Federation Fertility Society, Surveillance 2019 (8^th Edition) (2019)
Sonia Allan, Report: South Australian Review of the Assisted Reproductive Treatment Act 1988
(2017). Report prepared for the Minister of Health South Australia regarding legislative review of Act.
International Federation Fertility Society, Surveillance 2016 (7^th Edition), 1(1) Global Reproductive Health September 2016, pp 1-143.
Sonia Allan, Macquarie University Workshop on Ethical, Legal and Social Issues Raised by Synthetic Biology: Report (2015) (in Macquarie Law Journal, Vol 15, 2015).
Sonia Allan, A Cross-Jurisdictional Study of Regulatory Requirements and Practice Regarding the Recording of Donor Information and its Release to Donor Conceived People 2012 Report prepared for the Winston Churchill Memorial Trust.

Victorian Law Reform Commission Papers

Primary Author, VLRC Position Paper 1: Access to Assisted Reproductive Technology (2005).
Co-Author, VLRC Position Paper 2: Legal Parentage
(2005).
Primary Author, VLRC Position Paper 3: Surrogacy
(2005).
(Nb. The views/recommendations expressed in the VLRC position papers were those of the commission and not necessarily those of the author(s)).
Briefing papers on access to assisted reproductive technology; legal parentage issues concerning ART; surrogacy – issues concerning eligibility, legal parentage and payment; anticipating technological change in deciding upon regulatory models.
Numerous documents prepared to inform VLRC Commissioners about issues concerning assisted reproductive technology and its regulation in Victoria.
Papers for public consultations and forums.
Internal documents and advice regarding issues that arose in relation to the reference.

Conference and other presentations

Organiser and Presenter United Nations 30^th Anniversary of the Convention on the Rights of the Child, ‘Child rights in the age of biotechnology: introducing the voices of donor-conceived people.’ November 2019 United Nations, Palais de Nations, Geneva
Sonia Allan, ‘Reviews of Assisted Reproductive Technology and Surrogacy Legislation in NSW, South Australia and Western Australia,’ Obstetric Malpractice Conference 22 - 24 August 2019, Melbourne
United Nations Population Fund, UN High Commissioner on Human Rights, and the World Health Organization, Experts Meeting on Surrogacy and Human Rights (Bangkok) (Travel funded by the UN) (2018)
S. Allan, Challenges of establishing a Donor Conception Register, Fertility Society of Australia, FSA2017, 16-18 October 2017, South Australia.
S. Allan, Review of the Assisted Reproductive Treatment Act 1988 (SA), Annual Obstetric Malpractice Conference, 8-9 August 2017, Melbourne Australia.
S. Allan, Achieving Universal Health Care in Resource Constrained Nations: A Response,
Macquarie Minds Showcase, December 2016.
S.Allan, Donor Conception and the Release of Information around the Globe, Invited presentation to speak at the inaugural Assisted Reproductive Technology Summit, Sydney November 2016.
S. Allan, Current Issues: Surrogacy in Australia & Abroad, Invited presentation to speak to the Western Australian Family Law Practitioner’s Association, Continuing Professional Development Seminar Series, 15 February 2016.
S. Allan, Donor Conception – Systems for Information Release, Invited presentation, Reproductive Technology Council, Western Australia, 16 February 2016. University Club of Western Australia.
S. Allan, A discussion of payments for gametes and surrogacy,Invited presentation, Reproductive Technology Council, Western Australia, 16 February 2016. Department of Health, East Perth, Western Australia.
S. Allan, 'Information Release to Donor-Conceived People, Contracts for Anonymity, Laws, and Guidelines’, 2015 National Conference for Donor-Conceived People, 27 June 2015, Victoria, Australia.
S. Allan, ‘International Surrogacy Arrangements, Issues and Regulatory Responses at Home and Abroad’, 24^th Annual Medico-Legal Conference, Sydney Australia, March 2015.
S. Allan, Presentation on the Ethical, Legal, and Social Issues Raised by Synthetic Biology and Current Regulation in Australia and Beyond
, Macquarie University Workshop on Ethical, Legal and Social Issues Raised by Synthetic Biology: Report(2015).
S. Allan, ‘Introduction to Public International Law: Human Rights and Global Surrogacy’, presented at the International Institute of Social Studies in The Hague Forum on International Adoption and Global Surrogacy, 11-13 August, 2014.
S. Allan, ‘The Argument Against Payment of Fees for Gametes, Embryos and Surrogacy’, Annual Louise Waller Lecture, Victorian Assisted Reproductive Authority, 31 October 2013 (Invited speaker)
S. Allan, ‘The Surrogate in Surrogacy: Exploitation, Reproductive and Contractual Autonomy’Global Health and The Law Conference: Incorporating Theory into Law, Sydney University (1 October 2013).
S. Allan, Andrea Braveman, Sonia Suter, Steven Poole, Susan Crockin – O’Neil Institute and Georgetown University Law Center, Panel Presentation Family Building with Donor Gametes (17 April 2013).
S. Allan, Andrea Braveman, Naomi Cahn, Susan Crockin – O’Neil Institute and Georgetown University Law Center, Panel Presentation on current issues regarding information release to donor conceived people about their donors
(March 2012).
S. Allan, ‘Donor Conception Practices in Australia: Current legislation and Recommendations from the Senate Legal and Constitutional Affairs References Committee’ 4 December 2011, 14^th World Congress on Human Reproduction, ANZICA, VARTA and the Donor Conception Support Group, Donor Linking Symposium.
S. Allan, 'The Release of Identifying and Non-Identifying Information about Donors to Donor Conceived Individuals' 2010, (E-poster presentation, Fertility Society of Australia 2010 Conference, Adelaide Convention Centre, 10 -13 October 2010).
S. Allan, 'The Regulation of Research Involving Human Embryos and Cloning'
(paper presented at the inaugural annual conference of the Australasian Association of Bioethics and Health Law, Adelaide University, July 2010).
S. Magri, 'From Social Issues to State Regulation: An Historical Overview of Australian and New Zealand Responses to Assisted Reproduction'
(paper presented at Annual Scientific Meeting of Australian Birth Defects Society/Symposium on Embryo, Fetus and Newborn: From Experiment to Clinical Practice and Prevention in the Antipodes, Royal Children`s Hospital, Melbourne, 29-31 April 2005).
L. Skene and S. Magri, ‘Towards a Consensus on Cloning and Stem Cell Research: Ethics and Public Policy’ (presented at Stem Cell Ethics Australia, Conference November 2004, Murdoch Children’s Research Institute).
L. Skene and S. Magri, 'Stem Cells and Public Policy, The Difficulty of Legislating in a Changing Environment' (paper presented at 7th World Congress of Bioethics, Sydney, 10 Nov 2004., Sydney, Australia, 10 November 2004).
[First National Stem Cell Conference - 2003 – I was invited to sit on a panel of experts to discuss Guidelines for stem cell research & their therapeutic Applications. (CHAIR – Dr Christine Mummery; Other members: Professor Alan Trounson, National Stem Cell Centre, Arch Bishop Peter Carnley, Primate, Anglican Church of Australia; Clive Morris, NHMRC; Ben Canny, Co-Chair of the Standing Committee for Ethics in Research Involving Humans, Monash University].

Parliamentary appearances

Legal Affairs and Safety Committee (Queensland Parliament) Inquiry into matters relating to donor conception information, Queensland, 13 May, 2022, (by invitation).
The House of Representatives Standing Committee on Social Policy and Legal Affairs, Inquiry into Surrogacy, Federal Parliament House, 25 February 2016, (by invitation).
The House of Representatives Standing Committee on Social Policy and Legal Affairs Roundtable on Surrogacy, Federal Parliament House, 05 March 2015 (by invitation).
New South Wales Law and Safety Committee Inquiry into Management of Information Relating to Donor Conception 2013 (by invitation).
New South Wales Law and Safety Committee Inquiry into Donor Information on the Birth Registry 2012 (by invitation).
Victorian Law Reform Committee Inquiry into the Release of Information about Donors to Donor Conceived People, 21 November 2011
Senate Committee Inquiry into Donor Conception Access to Genetic Information and Donor Identification, 3 November 2010
South Australian Social Development Committee Inquiry into Same-Sex Parenting, 2010 – the submissions and appearances for this inquiry, along with the work of dedicated politicians and lobby groups led to changes in the South Australian law on same-sex parenting (by invitation).

Submissions to parliamentary (and other inquiries)

Sonia Allan, Written submission to the Inquiry into Donor Conception Practices in Queensland, Legal Affairs and Safety Committee (Queensland Parliament) Inquiry into matters relating to donor conception information, Queensland, 2 May, 2022.
Sonia Allan, Written submission to the Western Australian Standing Committee on Legislation, Human Reproductive Technology and Surrogacy Legislation Amendment Bill 2018 inquiry, 5 June 2019.
Sonia Allan, Response to Questions on Notice by WA Standing Committee in May 2019, 5 June 2019.
Sonia Allan, Submission to the Australian Government, Department of Health, Review of the National Gene Technology Scheme, Phase 3,
December 2017.
Sonia Allan, Submission to the Statutory Review Part 3A of the Assisted Reproductive Technology Act 2007(NSW) , November 2017. (Invited)
Sonia Allan, Submission to the Tasmanian House of Assembly Standing Committee on Community Development Inquiry into Donor Conception Practices in Tasmania, August 2016.
Sonia Allan, Submission to the House of Representatives Standing Committee on Social Policy and Legal Affairs Inquiry into Surrogacy,
February 2016.
Sonia Allan, Submission to NSW Review of Surrogacy Act 2010 (NSW),
April 2014
Sonia Allan, Submission to the NHMRC Committee Review of Part B of the Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Practice and Research, 2007, April 2014
Sonia Allan, Submission to the Donor Conception Register Consultation (South Australia) SA Health, Policy and Legislation Unit, March 2014
Sonia Allan, Submission to the Hague Permanent Bureau consultation regarding the development of an International Convention on International Surrogacy (2013).
Sonia Allan, Submission to the New South Wales Law and Safety Committee Inquiry into Managing Information Related to Donor Conception (2013) (by invitation).
Sonia Allan, Submission to the Family Law Council inquiry into Surrogacy (legal parentage and related matters), August 2013, (by invitation).
Sonia Allan, Submission to the evidence call held by the Nuffield Council on Bioethics on Donor conception: ethical aspects of information sharing
21 March 2012 and 15 May 2012.
Sonia Allan, Submission to the New South Wales Law and Safety Committee Inquiry into Donor information on the Birth Registry (2011) (by invitation).
Sonia Allan, Submission Number 2 to the Victorian Parliament Law Reform Committee Inquiry into Donor Conceived Individuals Access to Information about Donors (2011).
Sonia Allan, Public Submission to the Prohibition of Human Cloning for Reproduction and Research Involving Human Embryos Act 2006 (the amending Acts) Review Committee (2011).
Sonia Allan, Submission to the Victorian Parliament Law Reform Committee Inquiry into Donor Conceived Individuals Access to Information about Donors (2010).
Sonia Allan, Submission to the Senate Committee Inquiry into Donor Conception, Access to Genetic Information and Donor Identification (2010).
Sonia Allan and John Williams, Submission to the South Australian Social Development Committee Inquiry into Same-Sex Parenting (2010).
Sonia Allan and Michael Williams, Assisted Reproductive Technology: Access to Genetic Information and Donor Identification, Proposal for a Federal Register for Donor Conceived Individuals
(Submission to the Commonwealth Attorney General, 2007).