Findlay & Anor and Punyawong

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)
Surrogate Parenthood Act 1988 (Qld)

Surrogacy Act 2010 (Qld)

Dudley and Anor &  Chedi [2011] FamCA 502

1^st APPLICANT: Mr Findlay

2^nd 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

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.

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

1. 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. 

2. 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.

3. The surrogate mother placed the children into the sole care of the applicants almost immediately after their births.  The children shortly thereafter travelled to…