Re HBW [2014] NSWSC 1581

Re HBW [2014] NSWSC 1581

The Court made the parentage order because all relevant preconditions in Division 4 of Part 3 of the Surrogacy Act 2010 (NSW) were satisfied, including that the order was clearly in the child's best interests, the arrangement was a non-commercial pre-conception surrogacy arrangement, the affected parties consented after receiving required counselling and legal advice, the intended parents resided in New South Wales, the child had lived with them since birth, and the required registration and notice matters had been addressed.

Jurisdiction
Australia
Judgment Date
11 November 2014
Procedural Posture
Application for Parentage Order Under the Surrogacy Act 2010 (nsw) / In Chambers; Determination of Amended Summons Filed on 19 June 2014
Outcome
Order made for the transfer of parentage of the child and approval of the child's surname and given names.
Legal Topics
['parentage Order' 'pre Conception Surrogacy Arrangement' 'best Interests of the Child' 'transfer of Parentage' "approval of Child's Names"]
['family Law' 'child Welfare' 'surrogacy'] ['parentage Order' 'pre Conception Surrogacy Arrangement' 'best Interests of the Child' 'transfer of Parentage' "approval of Child's Names"]

Case Brief

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Procedural Posture

Application for Parentage Order Under the Surrogacy Act 2010 (nsw) / In Chambers; Determination of Amended Summons Filed on 19 June 2014

Legal Issues

  1. 1 ['Whether the Court should make a parentage order in relation to the child under the Surrogacy Act 2010 (NSW).' 'Whether the preconditions in Division 4 of Part 3 of the Surrogacy Act 2010 (NSW) were satisfied.' "Whether the child's surname and given names should be approved under s 42 of the Surrogacy Act 2010 (NSW)."]

Ratio Decidendi

The Court made the parentage order because all relevant preconditions in Division 4 of Part 3 of the Surrogacy Act 2010 (NSW) were satisfied, including that the order was clearly in the child's best interests, the arrangement was a non-commercial pre-conception surrogacy arrangement, the affected parties consented after receiving required counselling and legal advice, the intended parents resided in New South Wales, the child had lived with them since birth, and the required registration and notice matters had been addressed.

Court Disposition

Order made for the transfer of parentage of the child and approval of the child's surname and given names.

Orders

  • ['The Court makes an order for the transfer of the parentage of the child, HBW, born on 4 December 2013, to the plaintiffs, KL as mother and KAW as father, and approves "W" as the surname and "HB" as the given names of the child.' 'The Court directs that the Registrar give notice of this order pursuant to s 49 of...