Surrogacy Application by a Couple from the United States of America [2017] NSWSC 1806

Supreme Court New South Wales

Medium Neutral Citation: Surrogacy Application by a Couple from the United States of America [2017] NSWSC 1806 Hearing dates: 28 November 2017 Date of orders: 19 December 2017 Decision date: 19 December 2017 Jurisdiction: Equity - Adoptions List Before: Slattery J Decision: Parentage order made under Surrogacy Act 2010, s 18. Catchwords: FAMILY LAW AND CHILD WELFARE – Surrogacy – application for parentage order under Surrogacy Act 2010, s18 – applicants resident in NSW at the time of application – application compliant with all Surrogacy Act mandatory preconditions for a parentage order – but application not compliant at hearing with Surrogacy Act, s 32 - consideration of exceptional circumstances to justify making the parentage order under Surrogacy Act 2010, s 18(2)(b) - whether subsequent relocation of applicants whilst the proceedings awaiting hearing may qualify as exceptional circumstances – consideration that the best interests of the child are paramount. Legislation Cited: Surrogacy Act 2010 Cases Cited: C v B [2013] NSWSC 254 R v Kelly (Edward) [2000] QB 198 S v B [2014] NSWSC 1533 Category: Procedural and other rulings Parties: First applicant: not published Second applicant: not published First respondent: not published Second respondent: not published Representation: Solicitors:

Applicants: Erin Steiner, Steiner Legal File Number(s): A123 of 2017 Publication restriction: Yes

Judgment 1. The applicants are a couple. They are both citizens of the United States of America. They seek parentage orders under Surrogacy Act 2010 ("Surrogacy Act"), s18 of a child (who will be referred to as "the child" in these reasons). The child was born in June 2017. The applicants were residents of New South Wales at the time of the child's birth and at the time they filed this application on 7 August 2017. They are now resident in the United States of America. The point at issue on this application is whether Surrogacy Act, s 32, which requires that the "applicants must be resident in New South Wales at the time of the hearing of the application", now inhibits the Court from granting the application. In all other respects the applicants satisfy the requirements of the Surrogacy Act.