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

Supreme Court New South Wales

Medium Neutral Citation: S v B; O v D [2014] NSWSC 1533 Hearing dates: In chambers Decision date: 03 November 2014 Jurisdiction: Equity Division - Adoption List Before: White J Decision: Refer to para [35] of judgment. Catchwords: FAMILY LAW AND CHILD WELFARE - application for parentage order under Surrogacy Act 2010 (NSW) s 14 - summonses initially sought transfer of parentage only from surrogate mother to intended mother - where birth certificate recorded surrogate mother as child's mother and intended father as child's father - necessity for parentage order transferring parentage from both surrogate mother and her husband to intended mother and father - birth of child must be registered in accordance with statutory requirements - where intended father's registration as father on birth certificate before parentage order made in contravention of statutory requirements - registration of surrogate mother's husband as child's father on birth certificate precondition to making parentage order - whether court satisfied that "exceptional circumstances" justify making parentage order despite precondition not being met - Surrogacy Act 2010 (NSW) s 18 - parentage order made Legislation Cited: Surrogacy Act 2010 (NSW) Births, Deaths and Marriages Registration Act 1996 (Vic) Births, Deaths and Marriages Registration Act 1995 (NSW) Family Law Act 1975 (Cth) Status of Children Act 1996 (NSW) Status of Children Act 1974 (Vic) Cases Cited: Re A and B [2000] NSWSC 640; (2000) 26 Fam LR 317 R v Kelly (Edward) [2000] QB 198 Re Application of JSC [2013] NSWSC 440 Category: Principal judgment Parties: SS & Anor v RB & Anor; DMO & Anor v RD & Anor Representation: Counsel: n/a Solicitors: Andrea Wilson & Associates (Plaintiffs) File Number(s): 026/2014; 025/2014