The Application by MGH and CJH; Re HCH [2015] NSWSC 1364

Supreme Court New South Wales

Medium Neutral Citation: The Application by MGH and CJH; Re HCH [2015] NSWSC 1364 Date of orders: 22 September 2015 Decision date: 22 September 2015 Jurisdiction: Equity - Adoptions List Before: Hallen J Decision: Order for the transfer of the parentage of the child. Catchwords: FAMILY LAW AND CHILD WELFARE – Surrogacy – Application for parentage order under Surrogacy Act 2010 in relation to child of a surrogacy arrangement entered into after the commencement of Act – Application by married couple – Court may make parentage order upon compliance with preconditions provided by the Act and by UCPR Part 56A – Satisfaction of preconditions – Amendment to Summons due to typographical error – Reference to State of Victoria rather than NSW – Order dispensing with the filing and service of amended Summons – Court able to make parentage order Legislation Cited: Assisted Reproductive Technology Act 2007 (NSW) Births Deaths and Marriages Registration Act 1995 (NSW) Civil Procedure Act 2005 (NSW) Surrogacy Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Application of AP [2011] NSWSC 1389 Application by JSC & RSC [2013] NSWSC 440 Application of MM & KF [2012] NSWSC 445 Lowe v Barry [2011] FAMCA 625 Category: Principal judgment Parties: MGH (first Plaintiff) CJH (second Plaintiff) MJH (first Defendant) MDH (second Defendant) File Number(s): A082/2015