US Supreme Court cases highlight differences between biological and legal parentage

US Supreme Court cases highlight differences between biological and legal parentage

USA Today has written about the clear differences between biological and legal parentage:

 
The article shows the mess the law is in as to dealing with the advances in IVF and surrogacy- a position that is broadly reflected in Australia. Here lawmakers have struggled to make the laws reflect what is happening. For example, when I presented to NSW MP’s in September abourt surrogacy matters, they were stunned that under their legislation “parents” of children born overseas via surrogacy (whether legal or illegal) may not be parents as a matter of law in NSW.
 
This is even if they are considered to be “parents” under the Australian Citizenship Act, or biologically the “parents” or even the “parents” in the overseas jurisdiction where the children were born.
 
Confused? Probably a good starting point for confusion is the Queensland couple who went to Thailand for surrogacy and then found themselves the subject of the Family Court surrogacy case, which I wrote about here: http://surrogacyandadoption.blogspot.com.au/2012/08/family-court-decides-international.html.
Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Australian Overseas Surrogacy Births Hit Record High Again in 2026 — Here’s Where Families Are Going

Another record year for overseas surrogacy births For every child born through surrogacy in Australia, five are born overseas. Despite laws allowing altruistic surrogacy, the shortage of available surrogates within Australia has meant that the norm is to undertake surrogacy overseas, and the exception is to do so at home. A record 416 Australian children… Read More »Australian Overseas Surrogacy Births Hit Record High Again in 2026 — Here’s Where Families Are Going

Surrogacy statistics: why so many go overseas

Surrogacy is intensely personal, but the numbers tell an important story about how difficult it can be for intended parents in Australia. The central statistic is striking: for every child born in Australia through surrogacy, about four are born overseas. That is not a small difference. It points to a system in which many intended… Read More »Surrogacy statistics: why so many go overseas

How much does surrogacy really cost? A ballpark figure

Surrogacy is not simply a medical process. It is a legal, emotional, practical and financial journey. One of the first questions intended parents rightly ask is: how much is this going to cost? The honest answer is that it depends on where the journey takes place, whether an egg donor is needed, the legal requirements… Read More »How much does surrogacy really cost? A ballpark figure

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board