McAuley and Salberg and Anor

In the matter of *McAuley and Salberg and Anor*, Judge Obradovic of the Family Court of Australia considered a dispute concerning a child born via artificial insemination to a same-sex couple, where the biological father was also involved. The applicant, Ms McAuley, and the first respondent, Ms Salberg, were in a relationship that ended before the child's birth. The second respondent, Mr Mason, is the biological father. The proceedings involved applications for declarations of parentage, orders regarding parental responsibility, and a change of the child's surname.

The court was required to determine who should be declared the legal parents of the child, given that the presumption of parentage under the *Family Law Act 1975* (Cth) did not apply. Additionally, the court had to decide on the issue of parental responsibility, specifically whether the applicant should have sole parental responsibility and how the child should spend time with the first respondent. The court also considered the application to change the child's surname and the implications for the child's birth registration, including the removal of the biological father's details and the inclusion of the first respondent's details.

In reaching its decision, the court applied section 60H of the *Family Law Act 1975* (Cth) to declare the applicant and the first respondent as the child's parents, notwithstanding the biological father's involvement and registration on the birth certificate. The court also made orders for the child to have sole parental responsibility vested in the applicant, with time spent with the first respondent to be as agreed between them, all in consideration of the child's best interests. Furthermore, the court ordered a change of the child's surname to McAuley and directed the Registrar of Births, Deaths and Marriages to amend the birth registration accordingly, removing the second respondent's details and including the first respondent's. The court also clarified that the applicant would be the sole person with parental responsibility for passport purposes.