MNM and EA v EM; Re ENA and the Surrogacy Act 2010 (NSW) [2015] NSWSC 1813

MNM and EA v EM; Re ENA and the Surrogacy Act 2010 (NSW) [2015] NSWSC 1813

The statutory preconditions for making a parentage order under the Surrogacy Act 2010 (NSW) were satisfied, except for the strict requirement regarding the birth registration under s 38. Exceptional circumstances justified waiving strict compliance, given the best interests of the child and satisfaction of all other requirements. Thus, the parentage and consequential orders were made as sought.

Jurisdiction
Australia
Judgment Date
15 September 2015
Procedural Posture
Parentage Order Application (surrogacy) / Judgment and Orders in Chambers
Outcome
Orders made as sought in plaintiffs' summons, including a parentage order and order under s 42 for child's name.
Legal Topics
['parentage Order' 'surrogacy Arrangement' 'exceptional Circumstances' 'requirements Under Surrogacy Act 2010 (nsw)']
['family Law' 'child Welfare' 'surrogacy'] ['parentage Order' 'surrogacy Arrangement' 'exceptional Circumstances' 'requirements Under Surrogacy Act 2010 (nsw)']

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Procedural Posture

Parentage Order Application (surrogacy) / Judgment and Orders in Chambers

Legal Issues

  1. 1 ['Whether the requirements for a parentage order under the Surrogacy Act 2010 (NSW) are satisfied' "Whether the registration of the child's birth complied with s 38 of the Act" 'Whether exceptional circumstances exist to justify waiving s 38 precondition']

Ratio Decidendi

The statutory preconditions for making a parentage order under the Surrogacy Act 2010 (NSW) were satisfied, except for the strict requirement regarding the birth registration under s 38. Exceptional circumstances justified waiving strict compliance, given the best interests of the child and satisfaction of all other requirements. Thus, the parentage and consequential orders were made as sought.

Court Disposition

Orders made as sought in plaintiffs' summons, including a parentage order and order under s 42 for child's name.

Orders

  • ['Parentage order in favour of MNM and EA.' 'Order under s 42 of the Surrogacy Act 2010 (NSW) that ENA have names as requested by the plaintiffs.']