Hubert & Anor and Juntasa

[2011] FamCA 504

FAMILY COURT OF AUSTRALIA

HUBERT AND ANOR & JUNTASA [2011] FamCA 504

FAMILY LAW - CHILDREN - overseas surrogacy arrangement – where the first applicant provided the sperm – where the applicants are resident and domicile in NSW – where at the time the arrangements were entered into NSW law did not have extraterritorial effect – where Australia granted visa for the child to live in Australia – whether it is appropriate to make a finding as to parentage - child to live with the applicants - the applicants to have equal shared parental responsibility of the child

Family Law Act 1975 (Cth)

Assisted Reproductive Technology Act 2007 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1900 (NSW)
Surrogacy Act 2010 (NSW)

Status of Children Act 1996 (NSW)

Dudley and Anor & Chedi [2011] FamCA 502

1^st APPLICANT: Mr Hubert

2^nd APPLICANT: Mr Peralta

RESPONDENT: Ms Juntasa

FILE NUMBER: SYC 1786 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 child P born … September 2010 (“the child”) live with the applicants, Mr Hubert and Mr Peralta.

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

It is noted that publication of this judgment under the pseudonym Hubert and Anor & Juntasa is approved pursuant to s 121 (9) (g) of the Family Law Act 1975 (Cth).

.

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 7186 of 2011

Mr Hubert and Mr Peralta  

Applicants

And

Ms Juntasa   

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. The child was born by a surrogacy arrangement in Bangkok, Thailand. This was overseen by a fertility centre in Bangkok. Mr Hubert, the first applicant, provided his sperm, to enable the production of the zygote. The anonymous donor of the egg is not a party to these proceedings. The fertilised zygote was implanted in the surrogate mother’s uterus. The surrogate mother was a gestational carrier only. The child was then born in September 2010.

2. The child’s birth mother consents to the applicants having orders made in their favour under the Family Law Act 1975 (Cth) for parental responsibility and for the child to live with them at their home in New South Wales.

3. The surrogate mother placed the child into the sole care of the applicants almost immediately after the birth of the child.  The child shortly thereafter travelled to New South Wales, Australia with the applicants and has lived with them since that time. 

BACKGROUND

1. The first applicant, Mr Hubert, was born in Australia in 1971 and is now 40 years of age.  The second applicant, Mr Peralta, was born in South America in 1966 and is now 44 years of age.  Both parties are Australian citizens.  They have lived in a de facto relationship since 1996. 

2. The applicants, both male, sought the assistance of…