US Supreme Court cases highlight differences between biological and legal parentage
Sunday December 9, 2012

US Supreme Court cases highlight differences between biological and legal parentage

Sunday, December 09, 2012
USA Today has written about the clear differences between biological and legal parentage:

http://www.usatoday.com/story/news/nation/2012/12/07/mother-motherhood-supreme-court-gay-marriage/1732411/
 
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
De Facto Relationship: What Counts Under Family Law?

De facto relationship: what counts under family law?

Sharing a home does not automatically make two people a de facto couple. Equally, living apart does not necessarily mean that a de facto relationship cannot exist. Under Australian family law, the question involves more than an address. The central issue is whether the couple’s relationship amounts to living together on a genuine domestic basis.… Read More »De facto relationship: what counts under family law?

Paid Egg Donation in Australia: What Can Be Reimbursed

Paid egg donation in Australia: is it legal?

Can someone be paid to donate eggs in Australia? The short answer is no. Human eggs cannot lawfully be treated as something to buy or sell. Australia permits altruistic egg donation, not commercial egg donation. But that is not the end of the story. A donor may be reimbursed for reasonable expenses associated with the… Read More »Paid egg donation in Australia: is it legal?

Egg Freezing in Prison: The High Court’s Decision in Smith

Egg Freezing in Prison: The High Court’s Decision in Smith

Does a prison sentence also mean losing the opportunity to become a parent after release? That question sits at the heart of Smith v Chief Executive, Queensland Corrective Services, a powerful High Court decision about egg freezing, fertility preservation and the limits of punishment. The High Court unanimously found that egg freezing did not fall… Read More »Egg Freezing in Prison: The High Court’s Decision in Smith

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