Dudley and Anor & Chedi

[2011] FamCA 502

FAMILY COURT OF AUSTRALIA

DUDLEY AND ANOR & CHEDI [2011] FamCA 502

FAMILY LAW - CHILDREN - overseas surrogacy arrangement - where the male applicant provided the sperm - where the applicants are resident in Queensland and consequently the arrangement was illegal irrespective of where the arrangement occurred - where Australia granted a visa for the children to live in Australia - whether it is appropriate to make a finding as to parentage – the children to live with the applicants – the father and the father’s wife to have equal shared parental responsibility of the children – referral of the reasons for judgment to the Office of the Director of Public Prosecutions, Queensland for consideration of whether a prosecution should be instituted against the applicants under s 3 Surrogate Parenthood Act 1988 (Qld)

Family Law Act 1975 (Cth)
Surrogacy Act 2010 (NSW)
Surrogacy Act 2010 (Qld)
Surrogate Parenthood Act 1998 (Qld)
The Status of Children Act 1978 (Qld)

Penalties and Sentences Act 1992 (Qld)

Re: Michael – Surrogacy Arrangements [2009] FamCA 691

Re D and E (2000) 26 FamLR 310

1^st APPLICANT: Mr Dudley

2^nd APPLICANT: Ms Dudley

RESPONDENT: Ms Chedi

FILE NUMBER: SYC 7144 of 2010

DATE DELIVERED: 30 June 2011

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 21 February 2011

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Lewis Law

Orders

1. The children L1 and L2 both born … August 2009 (“the children”) live with the applicants, Mr Dudley and Ms Dudley.

2. The applicants have equal shared parental responsibility for making decisions about long term issues and day to day issues in respect of the children.

3. The Registrar provide a copy of this judgment to the Office of the Director of Public Prosecutions, Queensland for consideration of whether a prosecution should be instituted against the applicants under s 3 Surrogate Parenthood Act 1988 (Qld) and, if requested, provide a copy of any document on the court file to the Office of the Director of Public Prosecutions, Queensland.

IT IS NOTED that publication of this judgment under the pseudonym Dudley and Anor & Chedi is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

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FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 7144 of 2010

Mr Dudley & Ms Dudley

Applicants

And

Ms Chedi

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. Mr and Ms Dudley have brought three baby boys back from Thailand to Australia. This application relates to two of them, L1 and L2 (“the children”) born in August 2009. The boys were artificially conceived by using Mr Dudley’s sperm and donated eggs from a Thai woman. Another Thai woman, unrelated to the egg donor, carried and gave birth to the boys. She is named as the respondent. The anonymous egg donor is not a party to these proceedings.

2. Yet another Thai woman was impregnated with a third zygote produced by Mr Dudley’s sperm and the same egg donor. This resulted in the birth of another child, L3, who was…