US Supreme Court cases highlight differences between biological and legal parentage

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… Read More »Custom Single Post Header

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

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.
Things to Read, Watch & Listen

The 50% Property Settlement Myth

In this video, Accredited Family Law Specialist and Page Provan Director Stephen Page debunks the 50-50 property settlement myth in family law.

Surrogacy in India

In this video, Accredited Family Law Specialist and Page Provan Director Stephen Page discusses surrogacy in India.

Submission to Inquiry Into Matters Relating to Donor Conception Information

On 24 February 2022, the Legislative Assembly agreed that the Legal Affairs and Community Safety Committee inquire into and report on the rights of donor-conceived persons to access genetic information about their donors.