Application by JSC & RSC [2013] NSWSC 440

Application by JSC & RSC [2013] NSWSC 440

All statutory and procedural preconditions for granting a parentage order under the Surrogacy Act 2010 and UCPR Part 56A were fulfilled, including proper evidence of independent legal advice, so the parentage order could be made.

Jurisdiction
Australia
Judgment Date
30 April 2013
Procedural Posture
Application for Parentage Order / Final Determination in Chambers
Outcome
parentage order granted
Legal Topics
['surrogacy' 'parentage Orders']
['family Law' 'child Welfare'] ['surrogacy' 'parentage Orders']

Case Brief

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Procedural Posture

Application for Parentage Order / Final Determination in Chambers

Legal Issues

  1. 1 ['Whether mandatory preconditions for parentage order under Surrogacy Act 2010 and UCPR Part 56A were satisfied' 'Whether deficiencies in evidence, specifically independent legal advice affidavits, could be remedied or dispensed with']

Ratio Decidendi

All statutory and procedural preconditions for granting a parentage order under the Surrogacy Act 2010 and UCPR Part 56A were fulfilled, including proper evidence of independent legal advice, so the parentage order could be made.

Court Disposition

parentage order granted

Orders

  • ["Order for transfer of parentage of child HR from CMG to JLSC as father and RJSC as mother; child to have surname 'SC' and given names 'HR'." 'Registrar to give notice of the order to Registrar of Births, Deaths and Marriages pursuant to Surrogacy Act 2010 s 49.' 'Registrar to give notice to Director-General of...