Application of MM & KF re FM [2012] NSWSC 445

Application of MM & KF re FM [2012] NSWSC 445

Because the surrogacy arrangement was a pre-commencement, pre-conception, non-commercial surrogacy arrangement; the application was brought within the time permitted; the child was under eighteen and living with the applicants; the applicants resided in New South Wales; each affected party gave informed and voluntary consent; required information and registration matters were satisfied; and the making of the order was in the child's best interests, it was appropriate to make a parentage order transferring parentage from CE to MM and KF.

Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Application for a Parentage Order Under the (nsw) Surrogacy Act 2010 / Application Determined in the Equity Division Adoption List
Outcome
Order for the transfer of the parentage of the child.
Legal Topics
['parentage Order' 'transfer of Parentage' 'pre Commencement Surrogacy Arrangement' 'same Sex Intended Parents' 'best Interests of the Child' 'non Commercial Surrogacy' 'consent of Affected Parties']
['family Law' 'child Welfare' 'surrogacy'] ['parentage Order' 'transfer of Parentage' 'pre Commencement Surrogacy Arrangement' 'same Sex Intended Parents' 'best Interests of the Child' 'non Commercial Surrogacy' 'consent of Affected Parties']

Case Brief

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Procedural Posture

Application for a Parentage Order Under the (nsw) Surrogacy Act 2010 / Application Determined in the Equity Division Adoption List

Legal Issues

  1. 1 ['Whether the Court should make a parentage order under the (NSW) Surrogacy Act 2010 for the transfer of parentage of FM from birth mother CE to intended parents MM and KF.' 'Whether the requirements applicable to a pre-commencement surrogacy arrangement were satisfied.' 'Whether making the parentage order would be in the best interests of the child.']

Ratio Decidendi

Because the surrogacy arrangement was a pre-commencement, pre-conception, non-commercial surrogacy arrangement; the application was brought within the time permitted; the child was under eighteen and living with the applicants; the applicants resided in New South Wales; each affected party gave informed and voluntary consent; required information and registration matters were satisfied; and the making of the order was in the child's best interests, it was appropriate to make a parentage order transferring parentage from CE to MM and KF.

Court Disposition

Order for the transfer of the parentage of the child.

Orders

  • ['The Court makes an order for the transfer of the parentage of the child FM born on 26 April 2010 from CE to the plaintiffs MM as father and KF as father and approves the name "M" as the surname and "FT" as the given names of the child.' 'The Court directs that the Registrar give notice of this order pursuant to...