AB & CD v EF

The applicants, AB and CD, sought a parentage order under the Surrogacy Act 2010 (NSW) to establish their legal parentage of a child born through surrogacy to EF, the surrogate mother. The Family Court of Australia heard the application, which involved determining whether the applicants were eligible for a parentage order despite a delay in lodging the application. The applicants argued that they had been unaware of the surrogate's pregnancy until shortly before the child's birth, and thus, they were unable to apply within the statutory timeframe.

The court considered whether the applicants' delay in making the application could be excused under section 16 of the Surrogacy Act, which allows for an extension of time if there is a satisfactory explanation for the delay. The applicants contended that their ignorance of the pregnancy constituted a satisfactory explanation for their delay. The court had to decide whether this was indeed a satisfactory explanation, and whether it was in the best interests of the child to grant the order.

The court found that the applicants had provided a satisfactory explanation for their delay, as they were genuinely unaware of the pregnancy until shortly before the birth. The court also found that it was in the best interests of the child for the parentage order to be granted. The court emphasised that the primary consideration was the welfare of the child and that the delay did not prejudice the interests of any other party. Consequently, the court granted the applicants' application for a parentage order, recognising AB and CD as the legal parents of the child.

The final orders of the court declared AB and CD to be the legal parents of the child, with all the rights, duties, powers, and responsibilities of parents. This decision provided clarity and legal certainty for the applicants in their relationship with the child, ensuring that their rights and responsibilities as parents were recognised and protected by the law.