Green-Wilson v Bishop [2014] FamCa 1031

The second-named applicant sought a declaration of parentage in relation to child born from an overseas commercial surrogacy arrangement. An embryo was created from the second-named applicant’s sperm and an anonymous donor’s egg. The applicants moved from NSW to Victoria based on their understanding that doing so would allow them to lawfully enter into an overseas commercial surrogacy arrangement.

Johns J held that it was appropriate to issue a declaration of parentage under s 69VA of the Act in relation to the second applicant – the child’s biological father[1]. The Status of Children Act 1974 (Vic) is silent with respect to parentage of children born as a result of a commercial surrogacy arrangement commissioned overseas. Accordingly, Johns J determined that public policy concerns would have prevailed over the child’s best interests had the court refrained from issuing a declaration of parentage.[2]

[1] Ibid [44].
[2] Ibid.