AA v Registrar of Births Deaths and Marriages and BB [2011] NSWDC 100

AA v Registrar of Births Deaths and Marriages and BB [2011] NSWDC 100

AA is presumed to be a parent of AB by an irrebuttable presumption from artificial conception, and BB is presumed not to be the father. The court must order the removal of BB's particulars and addition of AA's particulars as only two can be registered, in accordance with the legislative framework and BDMA Schedule 3, clause 17.

Jurisdiction
Australia
Judgment Date
17 August 2011
Procedural Posture
Civil / Principal Judgment
Outcome
Orders made in favour of the plaintiff (AA). No order as to costs.
Legal Topics
['parentage Presumptions' 'birth Registration' 'artificial Conception Procedures' 'de Facto Relationships' 'same Sex Parenting' 'removal of Parent Particulars From Register']
['family Law' 'civil Procedure' 'administrative Law'] ['parentage Presumptions' 'birth Registration' 'artificial Conception Procedures' 'de Facto Relationships' 'same Sex Parenting' 'removal of Parent Particulars From Register']

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether AA should be registered as a parent of AB under the Births Deaths and Marriages Registration Act 1995 (NSW)' "Whether BB's particulars as father should be removed from AB's birth registration" 'Application of irrebuttable and rebuttable parentage presumptions under the Status of Children Act 1996 (NSW)']

Ratio Decidendi

AA is presumed to be a parent of AB by an irrebuttable presumption from artificial conception, and BB is presumed not to be the father. The court must order the removal of BB's particulars and addition of AA's particulars as only two can be registered, in accordance with the legislative framework and BDMA Schedule 3, clause 17.

Court Disposition

Orders made in favour of the plaintiff (AA). No order as to costs.

Orders

  • ["Order for removal of BB's name and particulars as father from the birth registration of AB under Schedule 3 clause 17(4) BDMA" "Order for addition of AA's name as parent in the birth registration of AB under s 19 and Schedule 3 clause 17(2) BDMA"]