C v B

The matter between C and B involved an application for a parentage order under the Surrogacy Act 2010. The applicants, C and B, who were residents of Victoria, sought a parentage order in relation to a child born to a surrogate in New South Wales. The primary issue before the court was whether the applicant was eligible to apply for a parentage order under the Act as they were not resident in New South Wales, as required by section 32 of the Act. Additionally, the court needed to determine if the exceptional circumstances provision under section 18(2)(b) of the Act applied, as the child was not conceived as a result of a procedure carried out in Victoria.

The court considered the statutory provisions and the specific circumstances of the case. It was determined that the applicants were not eligible to apply for a parentage order in New South Wales due to their residency in Victoria. However, the court found that the exceptional circumstances provision under section 18(2)(b) of the Act did apply, as the child was conceived as a result of procedures in New South Wales where the parents, who were residents of Victoria, intended to be the child's parents. The court held that this constituted an exceptional circumstance warranting the making of the parentage order.

The court exercised its discretion under section 18(2)(b) of the Act and made a parentage order in favour of the applicants. The court found that the child's welfare and the intentions of the applicants warranted the making of the order despite the residency issue. The court ordered that the applicants, C and B, be recognised as the legal parents of the child. This decision ensures that the child's best interests are protected and recognises the applicants' intended role as parents.