Parsons & Anor and Masson

Parsons and Anor and Masson was a case heard in the Family Court of Australia, which was subsequently appealed to a higher court. The dispute involved two children born through artificial conception procedures. The first appellant, who was the biological and birth mother of both children, and the second appellant, who was a parent of the youngest child under section 60H of the Family Law Act 1975 (Cth), were appealing against the biological father of the eldest child, who was granted extensive time with both children and restrained from relocating by the primary judge. The primary judge only applied the federal Act, but the higher court found it mandatory for section 79 of the Judiciary Act 1903 (Cth) to be applied.

The legal issues the court had to decide included whether section 60H of the federal Act enlarged the category of persons entitled to the status of "parent" and if the primary judge erred in finding the respondent to be a "legal parent" of the eldest child. The court found that biology alone did not determine who was a "parent" for the purposes of the federal Act, and that state legislation laying down a presumption that members of a class of men are not to be regarded as fathers of a specific class of children should be applied unless repugnant to the federal Act. The court also found that the primary judge erred in treating the respondent as if he were the parent of both children.

The court concluded that the appeal should be allowed, and the matter remitted to the Family Court of Australia for rehearing by a different judge. The court set aside the orders made by the primary judge and issued costs certificates to all parties involved in the appeal and rehearing.