Re L; Application for Parentage Order [2022] NSWSC 1155

Re L; Application for Parentage Order [2022] NSWSC 1155

The requirement for counselling prior to entering a surrogacy agreement in s 35(1) of the Surrogacy Act 2010 is not mandatory; exceptional circumstances justify making a parentage order where applicants acted in good faith, were unaware of the timing requirement, counselling was undertaken prior to pregnancy, and the best interests of the child support the order.

Jurisdiction
Australia
Judgment Date
26 August 2022
Procedural Posture
Application for Parentage Order / Final Hearing and Determination
Outcome
Parentage order granted.
Legal Topics
['surrogacy' 'parentage Order' 'counselling Requirements' 'exceptional Circumstances']
['family Law'] ['surrogacy' 'parentage Order' 'counselling Requirements' 'exceptional Circumstances']

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Procedural Posture

Application for Parentage Order / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether the Court can dispense with the requirement in s 35(1) of the Surrogacy Act 2010 regarding counselling before signing the surrogacy agreement' 'Whether exceptional circumstances justify making a parentage order despite non-compliance with the timing requirement for counselling']

Ratio Decidendi

The requirement for counselling prior to entering a surrogacy agreement in s 35(1) of the Surrogacy Act 2010 is not mandatory; exceptional circumstances justify making a parentage order where applicants acted in good faith, were unaware of the timing requirement, counselling was undertaken prior to pregnancy, and the best interests of the child support the order.

Court Disposition

Parentage order granted.

Orders

  • ['Dispensation of timing requirement for counselling under s 35(1) of Surrogacy Act 2010.' 'Parentage order made in favour of R and J concerning child L.']