Re M; Application for Parentage Order [2023] NSWSC 531

Re M; Application for Parentage Order [2023] NSWSC 531

The surrogacy agreement was signed for the purposes of s 34(1) of the Surrogacy Act 2010 because L herself inserted her digital signature into the electronic document intending to signify acceptance of its terms; that insertion was a signature in the ordinary sense and, in any event, a mark within s 21(1) of the Interpretation Act 1987. Section 9 of the Electronic Transactions Act 2000 did not apply because the surrogacy agreement was not an electronic communication, but the signature requirement was nevertheless satisfied.

Jurisdiction
Australia
Judgment Date
18 May 2023
Procedural Posture
Application for a Parentage Order Pursuant to S 12 of the Surrogacy Act 2010 / On the Papers; Final Submission Received 10 May 2023
Outcome
Parentage order made.
Legal Topics
['parentage Order' 'surrogacy Agreement' 'electronic Signature' 'requirement That Agreement Be Signed']
['surrogacy Law' 'statutory Interpretation'] ['parentage Order' 'surrogacy Agreement' 'electronic Signature' 'requirement That Agreement Be Signed']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for a Parentage Order Pursuant to S 12 of the Surrogacy Act 2010 / On the Papers; Final Submission Received 10 May 2023

Legal Issues

  1. 1 ["Whether L's electronic signature on the surrogacy agreement was sufficient for the purposes of s 34 of the Surrogacy Act 2010." 'Whether s 9 of the Electronic Transactions Act 2000 applied to the electronic signature on the surrogacy agreement.' 'Whether the electronic signature constituted a signature or mark within s 21(1) of the Interpretation Act 1987.']

Ratio Decidendi

The surrogacy agreement was signed for the purposes of s 34(1) of the Surrogacy Act 2010 because L herself inserted her digital signature into the electronic document intending to signify acceptance of its terms; that insertion was a signature in the ordinary sense and, in any event, a mark within s 21(1) of the Interpretation Act 1987. Section 9 of the Electronic Transactions Act 2000 did not apply because the surrogacy agreement was not an electronic communication, but the signature requirement was nevertheless satisfied.

Court Disposition

Parentage order made.

Orders

  • ['The Court made the parentage order sought.']