BB v DD; Re AA and the Surrogacy Act 2010 (NSW) [2015] NSWSC 1095

BB v DD; Re AA and the Surrogacy Act 2010 (NSW) [2015] NSWSC 1095

The Court cannot make the parentage order at this stage as numerous mandatory and non-mandatory preconditions under the Surrogacy Act 2010 (NSW) remain unsatisfied or inadequately supported by evidence, but the applicants are permitted to provide further evidence and submissions before final determination.

Jurisdiction
Australia
Judgment Date
06 August 2015
Procedural Posture
Parentage Application / Directions Hearing Pending
Outcome
Directions made; parentage order not granted at this stage; applicants permitted to provide further evidence.
Legal Topics
['surrogacy' 'parentage Orders' 'mandatory and Non Mandatory Preconditions' 'best Interests of the Child' 'consent Requirements']
['family Law' 'child Welfare' 'equity'] ['surrogacy' 'parentage Orders' 'mandatory and Non Mandatory Preconditions' 'best Interests of the Child' 'consent Requirements']

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Procedural Posture

Parentage Application / Directions Hearing Pending

Legal Issues

  1. 1 ['Whether the applicants have satisfied all mandatory and non-mandatory preconditions for a parentage order under Surrogacy Act 2010 (NSW)' 'Whether exceptional circumstances exist to justify waiving non-mandatory preconditions' 'Whether making a parentage order is in the best interests of the child']

Ratio Decidendi

The Court cannot make the parentage order at this stage as numerous mandatory and non-mandatory preconditions under the Surrogacy Act 2010 (NSW) remain unsatisfied or inadequately supported by evidence, but the applicants are permitted to provide further evidence and submissions before final determination.

Court Disposition

Directions made; parentage order not granted at this stage; applicants permitted to provide further evidence.

Orders

  • ['Direct the parties to communicate with the associate to Robb J to fix a directions hearing date, within two weeks of receipt of these reasons of judgment.' 'Order the applicants to serve these reasons of judgment on DD, within three days of their receipt.' 'Direct the parties to inform DD of the future directions...