Application MJC and CSC; re EMC [2012] NSWSC 1626

Supreme Court New South Wales

Medium Neutral Citation: Application MJC and CSC; re EMC [2012] NSWSC 1626 Hearing dates: 13 December 2012 Decision date: 13 December 2012 Jurisdiction: Equity Division - Adoption List Before: Brereton J Decision: That parentage of the child be transferred from the birth mother to the first plaintiff as father and the second plaintiff as parent. Catchwords: SURROGACY - parentage order - application for parentage order - whether commercial surrogacy arrangement - whether agreement to donate sperm to partner of surrogate a benefit or reward in consideration of agreement to act as surrogate - reasonable expenses of birth mother Legislation Cited: (NSW) Surrogacy Act 2010, s 9, s 23 Category: Principal judgment Parties: Mr MJC - First Plaintiff (birth father) Mr CSC - Second Plaintiff EMC - Child Ms NAS - Defendant (birth mother) Representation: Counsel: Ms A Wilson (solicitor) - First and Second Plaintiffs Solicitors: Andrea Wilson & Associates - First and Second Plaintiffs File Number(s): A118/2012

Judgment (ex tempore) 1HIS HONOUR: By summons filed on 15 August 2012, the plaintiffs MJC and CSC claim a parentage order pursuant to (NSW) Surrogacy Act 2010 for the transfer of the parentage of the child EMC (the child), born 5 November 2010, from the birth mother NAS to the second plaintiff, the first plaintiff being the child's natural father. 2All relevant and applicable preconditions to the making of a parentage order referred to in Division 4 of Part 3 of the Surrogacy Act are satisfied, with two qualifications, to which I now come.