Carlton & Bissett & Anor

In the matter of *Carlton & Bissett & Anor*, Justice Ryan of the Family Court of Australia considered a dispute concerning the legal parentage of children born via an overseas surrogacy arrangement. The applicant, Mr Carlton, sought declarations of parentage and parenting orders in relation to the children, who were born in South Africa pursuant to a surrogacy arrangement that was legal under South African law. The respondent, Mr Bissett, was identified as the intended parent.

The court was required to determine whether Mr Bissett was a legal parent of the children under the *Family Law Act 1975* (Cth), given the overseas surrogacy. Key issues included whether legal parentage was determined by the laws of the country of ordinary residence and domicile at the time of birth, the applicability of presumptions of parentage, and the effect of South Africa not being a prescribed overseas jurisdiction for the registration of child orders. The court also considered whether a presumption in favour of parentage could apply where a reciprocating jurisdiction had made a finding of parentage, and whether a declaration of parentage was in the children's best interests. Furthermore, the court addressed Mr Carlton's standing to apply for parenting orders, finding he was a person concerned with the care, welfare, or development of the children.

Justice Ryan reasoned that while South Africa was not a prescribed overseas jurisdiction, the *Family Law Act* did not preclude a declaration of parentage in such circumstances. The court applied the principle that legal parentage in Australia is generally determined by the laws of the country where the child is ordinarily resident and domiciled at the time of birth, and that the best interests of the child are paramount. The court found that it was in the children's best interests to declare Mr Bissett a parent, and that Mr Carlton had standing to seek parenting orders.

Consequently, the court declared Mr Bissett to be the father of the children. It further made orders for equal shared parental responsibility between Mr Carlton and Mr Bissett for the children's care, welfare, and development, including joint responsibility for major long-term decisions and day-to-day care. All outstanding applications were dismissed.