BB v DD; Re AA and the Surrogacy Act 2010 (NSW) (No 2) [2015] NSWSC 1825

BB v DD; Re AA and the Surrogacy Act 2010 (NSW) (No 2) [2015] NSWSC 1825

The court found, based on new and corroborated evidence, that a pre-commencement oral surrogacy arrangement was entered into between the applicants and the surrogate, that the circumstances surrounding the delayed application were exceptional under s 16(3) of the Act, and that non-compliance with non-mandatory preconditions (such as registration of birth) did not prevent the making of a parentage order where the best interests of the child were served and exceptional circumstances existed.

Jurisdiction
Australia
Judgment Date
01 December 2015
Procedural Posture
Application for Parentage Order / Decision on Parentage Order Application
Outcome
Parentage order granted as sought; court makes the orders in the summons.
Legal Topics
['surrogacy' 'parentage Order' 'surrogacy Act 2010 (nsw)' 'pre Commencement Surrogacy Arrangements' 'exceptional Circumstances']
['family Law' 'child Welfare'] ['surrogacy' 'parentage Order' 'surrogacy Act 2010 (nsw)' 'pre Commencement Surrogacy Arrangements' 'exceptional Circumstances']

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Procedural Posture

Application for Parentage Order / Decision on Parentage Order Application

Legal Issues

  1. 1 ['Whether an oral surrogacy arrangement was entered into before the commencement of the Surrogacy Act 2010 (NSW)' 'Whether exceptional circumstances justify the late filing of the parentage order application under s 16(3) of the Act' 'Whether the absence of compliance with non-mandatory preconditions, including the birth registration requirement under s 38, prevents the making of a parentage order']

Ratio Decidendi

The court found, based on new and corroborated evidence, that a pre-commencement oral surrogacy arrangement was entered into between the applicants and the surrogate, that the circumstances surrounding the delayed application were exceptional under s 16(3) of the Act, and that non-compliance with non-mandatory preconditions (such as registration of birth) did not prevent the making of a parentage order where the best interests of the child were served and exceptional circumstances existed.

Court Disposition

Parentage order granted as sought; court makes the orders in the summons.

Orders

  • ['Parentage order made in favour of applicants BB and CC for the child AA' 'Order approving the names of AA']