Re Ashley [2023] NSWSC 1295

Re Ashley [2023] NSWSC 1295

The absence of a signed written pre-conception surrogacy agreement did not preclude the making of a parentage order; the existence of exceptional circumstances, primarily relating to Ashley's wellbeing, family relationships and legal certainty, justified the making of the order in accordance with the best interests of the child.

Jurisdiction
Australia
Judgment Date
31 October 2023
Procedural Posture
Application for Parentage Order / Final Judgment
Outcome
Parentage order made
Legal Topics
['surrogacy' 'parentage Order' 'statutory Construction' 'exceptional Circumstances' 'best Interests of the Child']
['family Law' 'child Welfare' 'equity'] ['surrogacy' 'parentage Order' 'statutory Construction' 'exceptional Circumstances' 'best Interests of the Child']

Case Brief

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Procedural Posture

Application for Parentage Order / Final Judgment

Legal Issues

  1. 1 ['Whether failure to sign pre-conception surrogacy arrangement precludes parentage order' 'Whether exceptional circumstances justify making a parentage order despite non-compliance with requirement for signed written agreement' 'Application of best interests of child principle']

Ratio Decidendi

The absence of a signed written pre-conception surrogacy agreement did not preclude the making of a parentage order; the existence of exceptional circumstances, primarily relating to Ashley's wellbeing, family relationships and legal certainty, justified the making of the order in accordance with the best interests of the child.

Court Disposition

Parentage order made

Orders

  • ['Order for transfer of parentage of Ashley to the First Plaintiff as mother and Second Plaintiff as father; approval of name and surname for Ashley.' 'Notice to be given to Registrar of Births, Deaths and Marriages in NSW, Registrar-General in ACT, and Director-General of Department of Health.']