AP & anor v RD & anor [2011] NSWSC 1389

AP & anor v RD & anor [2011] NSWSC 1389

The Court cannot make a parentage order at this stage because there is insufficient evidence of informed consent of the birth parents, freely and voluntarily given, and insufficient evidence that registrable information under the Assisted Reproductive Technology Act has been provided as required by the Surrogacy Act.

Jurisdiction
Australia
Judgment Date
17 November 2011
Procedural Posture
Parentage Order Application / Interlocutory Ruling
Outcome
Parentage order not made at this stage; additional evidence required.
Legal Topics
['parentage Order' 'surrogacy' 'consent Requirements' 'preconditions for Parentage Order' 'registration of Birth' 'registrable Surrogacy Information']
['family Law' 'child Welfare' 'surrogacy Law'] ['parentage Order' 'surrogacy' 'consent Requirements' 'preconditions for Parentage Order' 'registration of Birth' 'registrable Surrogacy Information']

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Procedural Posture

Parentage Order Application / Interlocutory Ruling

Legal Issues

  1. 1 ['Whether all mandatory preconditions for a parentage order under the Surrogacy Act 2010 are satisfied' 'Whether informed consent, freely and voluntarily given, of the birth parents has been properly evidenced' 'Whether registrable information under the Assisted Reproductive Technology Act 2007 has been provided']

Ratio Decidendi

The Court cannot make a parentage order at this stage because there is insufficient evidence of informed consent of the birth parents, freely and voluntarily given, and insufficient evidence that registrable information under the Assisted Reproductive Technology Act has been provided as required by the Surrogacy Act.

Court Disposition

Parentage order not made at this stage; additional evidence required.

Orders

  • ['Evidence of informed consent of the birth parents, in the required form, to be provided.' 'Evidence that all registrable surrogacy arrangement information has been provided to the Director-General of the Department of Health, or evidence of reasons for any missing information, to be provided.']