C v B [2013] NSWSC 254

C v B [2013] NSWSC 254

The Court made the parentage order because it was in the child's best interests and exceptional circumstances justified making the order despite the s 32 residency pre-condition not being met: the parties resided in Victoria, the procedures resulting in conception occurred in New South Wales, and a Victorian substitute parentage order was not available because the procedure was not carried out in Victoria.

Jurisdiction
Australia
Judgment Date
27 March 2013
Procedural Posture
Application for a Parentage Order Under the Surrogacy Act 2010 (nsw) / In Chambers
Outcome
Parentage order made; orders in accordance with the short minutes of order.
Legal Topics
['parentage Order' 'surrogacy Arrangement' 'best Interests of the Child' 'exceptional Circumstances' 'residency Pre Condition']
['family Law' 'child Welfare' 'surrogacy'] ['parentage Order' 'surrogacy Arrangement' 'best Interests of the Child' 'exceptional Circumstances' 'residency Pre Condition']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for a Parentage Order Under the Surrogacy Act 2010 (nsw) / In Chambers

Legal Issues

  1. 1 ['Whether a parentage order should be made under the Surrogacy Act 2010 (NSW).' 'Whether exceptional circumstances justified making the parentage order despite the applicant not being resident in New South Wales as required by s 32 of the Surrogacy Act 2010 (NSW).' 'Whether the unavailability of a substitute parentage order in Victoria supported making the order in New South Wales.']

Ratio Decidendi

The Court made the parentage order because it was in the child's best interests and exceptional circumstances justified making the order despite the s 32 residency pre-condition not being met: the parties resided in Victoria, the procedures resulting in conception occurred in New South Wales, and a Victorian substitute parentage order was not available because the procedure was not carried out in Victoria.

Court Disposition

Parentage order made; orders in accordance with the short minutes of order.

Orders

  • ['Orders in accordance with the short minutes of order.']