BLH v SJW

The case of BLH v SJW involved an application under section 22(1) of the Surrogacy Act 2010 (Qld) for a parentage order concerning a child born on 11 May 2010. The applicants, BLH and MH, sought to have the parentage of the child, CWH, transferred from the respondents, SJW and MW. The case hinged on a verbal parentage agreement entered into prior to the Act's commencement and subsequently confirmed by a written agreement. The respondents had consented to the order but raised issues regarding the compliance with certain non-mandatory requirements of the Act.

The court was required to decide whether to exercise its discretion under section 32DA of the Acts Interpretation Act 1954 (Qld) to dispense with the non-mandatory requirements of the Surrogacy Act 2010 (Qld), given that the parties had not complied with them. The applicants argued that despite not meeting these requirements, the court should still make the parentage order, as the parties had entered into a written parentage agreement in good faith. The court needed to consider the transitional provisions of the Act and determine if the failure to comply with the non-mandatory requirements was sufficiently justified.

The court exercised its discretion to dispense with the non-mandatory requirements, recognising the parties' commitment to the written parentage agreement and the best interests of the child. The court granted the application, ordering the transfer of parentage from SJW and MW to BLH and MH, and declared the presumptions of parentage under the Status of Children Act 1978 (Qld) inapplicable. Additionally, the court ordered that the applicants and the Registrar of Births, Deaths and Marriages take steps to register the parentage order and amend CWH's Queensland birth certificate. The court also directed that the first and second applicants pay the costs of the first and second respondents.