GP v BP [2018] NSWSC 1887

GP v BP [2018] NSWSC 1887

Section 32 of the Surrogacy Act 2010 (NSW) is not a mandatory precondition. Exceptional circumstances existed, including regional necessity of IVF services, burdens caused by travel distance and employment, and lack of alternative remedy in Victoria, justifying a parentage order despite applicants' non-residence in NSW.

Jurisdiction
Australia
Judgment Date
05 December 2018
Procedural Posture
Application for Parentage Order Under Surrogacy Act 2010 (nsw) / Final Judgment
Outcome
Parentage order granted; orders made.
Legal Topics
['parentage Order' 'surrogacy' 'exceptional Circumstances' 'jurisdictional Requirements']
['family Law' 'child Welfare' 'equity'] ['parentage Order' 'surrogacy' 'exceptional Circumstances' 'jurisdictional Requirements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Parentage Order Under Surrogacy Act 2010 (nsw) / Final Judgment

Legal Issues

  1. 1 ['Whether s 32 residency requirement is a mandatory precondition for parentage order under Surrogacy Act 2010 (NSW)' 'Whether exceptional circumstances justify making a parentage order despite applicants not residing in NSW']

Ratio Decidendi

Section 32 of the Surrogacy Act 2010 (NSW) is not a mandatory precondition. Exceptional circumstances existed, including regional necessity of IVF services, burdens caused by travel distance and employment, and lack of alternative remedy in Victoria, justifying a parentage order despite applicants' non-residence in NSW.

Court Disposition

Parentage order granted; orders made.

Orders

  • ["Order for transfer of parentage of child SCR to plaintiffs GPM (mother) and GPF (father), approval of surname 'R' and given names 'SCR'." 'Registrar to give notice of this order pursuant to Surrogacy Act 2010 (NSW) s 49 to the Registrar of Births, Deaths and Marriages New South Wales.' 'Registrar to give notice...