AB & CD v EF [2013] NSWSC 866

AB & CD v EF [2013] NSWSC 866

Exceptional circumstances justified determining the late application because it was only approximately two months late, the children had lived as the children of AB and CD for years, all affected parties had proceeded on that basis, EF consented and supported the order, and refusing to determine the application would create uncertainty about the children’s status and responsibilities rather than promote certainty or their best interests.

Jurisdiction
Australia
Judgment Date
28 June 2013
Procedural Posture
Application for a Parentage Order Under S 12 of the Surrogacy Act 2010 (nsw) / Principal Judgment on Summons Dated 26 April 2013, Apparently Filed on 29 April 2013
Outcome
Parentage order made
Legal Topics
['parentage Order' 'pre Commencement Surrogacy Arrangement' 'extension of Time' 'exceptional Circumstances Under S 16 of the Surrogacy Act 2010 (nsw)' 'best Interests of Children']
['family Law' 'surrogacy'] ['parentage Order' 'pre Commencement Surrogacy Arrangement' 'extension of Time' 'exceptional Circumstances Under S 16 of the Surrogacy Act 2010 (nsw)' 'best Interests of Children']

Case Brief

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Procedural Posture

Application for a Parentage Order Under S 12 of the Surrogacy Act 2010 (nsw) / Principal Judgment on Summons Dated 26 April 2013, Apparently Filed on 29 April 2013

Legal Issues

  1. 1 ['Whether a parentage order should be made in favour of AB and CD in respect of the twins born under a pre-commencement surrogacy arrangement.' 'Whether exceptional circumstances justified hearing and determining the application despite it being made more than two years after commencement of s 16 of the Surrogacy Act 2010 (NSW).']

Ratio Decidendi

Exceptional circumstances justified determining the late application because it was only approximately two months late, the children had lived as the children of AB and CD for years, all affected parties had proceeded on that basis, EF consented and supported the order, and refusing to determine the application would create uncertainty about the children’s status and responsibilities rather than promote certainty or their best interests.

Court Disposition

Parentage order made

Orders

  • ['Orders made in terms of the short minutes of order provided to the Court.']