Heintze & Marinov

In the Federal Circuit and Family Court of Australia, the case of MLC 6816 of 2023 involved Mr Marinov, the father, seeking sole parental responsibility for his two children born in 2017, along with orders to obtain passports for the children without the consent of the respondent, Ms Junchi, the surrogate mother. The mother, Ms Heintze, who was initially a joint applicant, passed away in 2024. The central legal issues revolved around determining the best interests of the children concerning parental responsibility and the issuance of passports, given the unique circumstances of the surrogacy arrangement.

The court had to consider the best interests of the children, which were primarily influenced by the fact that the children had been in the sole care of their parents since birth. The surrogate mother had no contact with the children post-birth and had no intention of being involved in their lives. The children, now seven years old, had settled well in Australia, supported by their father and extended family. The court noted that the children’s best interests were served by granting sole parental responsibility to the father and allowing him to obtain passports for the children to maintain connections with their maternal family in Country B.

The court concluded that the children's welfare was best promoted by granting the father sole parental responsibility and enabling him to obtain passports for the children without the surrogate mother's consent. This decision was based on the father's demonstrated capability to care for the children and the children's close relationship with their extended family in Australia. The court's reasoning emphasised the importance of stability and continuity in the children's lives following their mother's death. The final orders granted sole parental responsibility to the father, permitted him to obtain passports for the children, and dismissed all other applications, removing the proceedings from the list of pending cases.