FAMILY COURT OF AUSTRALIA
| FINDLAY AND ANOR & PUNYAWONG | [2011] FamCA 503 |
| FAMILY LAW - CHILDREN - overseas surrogacy arrangement - where the male applicant provided the sperm - where the applicants are resident in Queensland and the arrangement was illegal in that State - where Australia granted a visa for the children to live in Australia - whether it is appropriate to make a finding that the sperm donor was a parent - children to live with the applicants - the applicants to have equal shared parental responsibility of the children - referral of the 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 (Qld) |
| Dudley and Anor & Chedi [2011] FamCA 502 |
| 1st APPLICANT: | Mr Findlay |
| 2nd APPLICANT: | Ms Adrei |
| RESPONDENT: | Ms Punyawong |
| FILE NUMBER: | SYC | 1788 | of | 2011 |
| DATE DELIVERED: | 30 June 2011 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 23 May 2011 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Lewis Law |
Orders
The children W and M, both born … January 2011 (“the children”) live with the applicants, Mr Findlay and Ms Adrei.
The applicants have equal shared parental responsibility for making decisions about long term issues and day to day issues in respect of the children.
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 Findlay and Anor & Punyawong is approved pursuant to s 121 (9) (g) of the Family Law Act 1975 (Cth).
.
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 7188 of 2011
| Mr Findlay and Ms Adrei |
Applicants
And
| Ms Punyawong |
Respondent
REASONS FOR JUDGMENT
INTRODUCTION
The twins, W and M were born by a surrogacy arrangement in Bangkok, Thailand in January 2011. This was overseen by a fertility centre in Bangkok. Mr Findlay, the first applicant, provided his sperm to be used in an artificial conception procedure with donated eggs. The anonymous egg donor is not a party to these proceedings. The surrogate mother, the respondent in these proceedings, was not the egg donor and was impregnated with the fertilised eggs.
The children’s birth mother consents to the applicants having orders made in their favour under the Family Law Act 1975 (Cth) (“FLA”) for parental responsibility and for the children to live with them at their home in Queensland.
The surrogate mother placed the children into the sole care of the applicants almost immediately after their births. The children shortly thereafter travelled to…
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- Case
- [2011] FamCA 503
- Decision Date
CaseChat Overview and Summary
The court was required to determine the orders regarding the children's residence and the allocation of parental responsibility. Additionally, the court considered the implications of the applicants' actions in relation to the *Surrogate Parenthood Act 1988* (Qld).
Watts J made orders that the children live with the applicants, Mr Findlay and Ms Adrei, and that the applicants have equal shared parental responsibility for both long-term and day-to-day decisions concerning the children. Furthermore, the Registrar was directed to provide a copy of the judgment to the Office of the Director of Public Prosecutions, Queensland, for consideration of potential prosecution under section 3 of the *Surrogate Parenthood Act 1988* (Qld), and to furnish any requested documents from the court file to that office.
Orders
Orders of the court
1.
The children W and M, both born … January 2011 (“the children”) live with the applicants, Mr Findlay and Ms Adrei.
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.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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