Batkin & Anor and Bagri & Anor

FAMILY COURT OF AUSTRALIA

BATKIN AND ANOR & BAGRI AND ANOR [2019] FamCA 979

FAMILY LAW – CHILDREN – commercial surrogacy – where the children were born in India as a result of a commercial surrogacy arrangement – where the first applicant is the step-father and the second applicant is the biological father – where the applicants seek parenting orders – where the respondent surrogate mother is unable to be located – where the requirements of service have been dispensed with – order that the applicants have equal shared parental responsibility – order that the children live with the applicants.

Evidence Act 1995 (Cth)
Family Law Act 1975 (Cth) ss 60CA, 60CC, 61B, 61DA, 64B, 65C, 69ZN
Family Law Rules 2004 (Cth)

Bernieres and Anor & Dhopal and Anor [2015] FamCA 736
Ellison & Anor and Karnchanit [2012] FamCA 602
Fisher-Oakley & Kittur [2014] FamCA 123
Mankiewicz and Anor & Swallow and Anor [2016] FamCAFC 153
Masters and Anor & Harris [2017] FamCA 450

FIRST APPLICANT: Mr A Batkin

SECOND APPLICANT: Mr B Batkin

FIRST RESPONDENT: Ms Bagri

SECOND RESPONDENT: Mr Bagri

FILE NUMBER: MLC 14145 of 2018

DATE DELIVERED: 19 December 2019

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 13 December 2019

REPRESENTATION

COUNSEL FOR THE APPLICANTS: Ms Swann

SOLICITOR FOR THE APPLICANTS: Wilckens Roche Lawyers

THE FIRST RESPONDENT: No appearance

THE SECOND RESPONDENT: No appearance

Orders

1. That the first and second-named applicants have equal shared parental responsibility for the children, X and Y, both born … 2013.

2. That the children live with the first and second-named applicants.

3. That all extant applications be otherwise dismissed.

4. That pursuant to s 65DA(2) and s 62B, the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders and details of who can assist parties adjust to and comply with an order are set out in the Fact Sheet attached hereto and these particulars are included in these orders.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Batkin & Bagri has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 14145 of 2018

Mr A Batkin

First Applicant

And

Mr B Batkin

Second Applicant

And

Ms Bagri

First Respondent

And

Mr Bagri

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. In November 2013, the twin children of the proceedings, X and Y, arrived in Australia for the first time. The children were conceived and born in India as a…