S v B; O v D [2014] NSWSC 1533

S v B; O v D [2014] NSWSC 1533

The application for parentage order must transfer parentage from both surrogate mother and her husband to the intended parents, and although statutory birth registration requirements were not met, exceptional circumstances exist (including solicitor’s advice and practical realities) justifying granting the parentage orders.

Jurisdiction
Australia
Judgment Date
03 November 2014
Procedural Posture
Parentage Order Application / Decision
Outcome
parentage orders granted
Legal Topics
['surrogacy' 'parentage Order' 'birth Registration' 'exceptional Circumstances']
['family Law'] ['surrogacy' 'parentage Order' 'birth Registration' 'exceptional Circumstances']

Case Brief

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Procedural Posture

Parentage Order Application / Decision

Legal Issues

  1. 1 ['Whether parentage orders should be granted transferring parentage from surrogate mother and her husband to the intended parents under Surrogacy Act 2010 (NSW)' 'Whether statutory pre-conditions for birth registration under Births, Deaths and Marriages Registration Act 1995 (NSW) and corresponding interstate law were met' 'Whether exceptional circumstances justify making parentage order despite non-compliance with birth registration requirements']

Ratio Decidendi

The application for parentage order must transfer parentage from both surrogate mother and her husband to the intended parents, and although statutory birth registration requirements were not met, exceptional circumstances exist (including solicitor’s advice and practical realities) justifying granting the parentage orders.

Court Disposition

parentage orders granted

Orders

  • ['Parentage orders made transferring parentage of the child from surrogate/birth mother and her husband to intended mother and intended father in both cases.']